Justice Simard quashes University of Lethbridge cancellation of Widdowson lecture
Court rules the university failed to consider the Charter rights of the controversial professor and students who wanted to hear her speak.
The Alberta Court of King’s Bench has overturned the University of Lethbridge’s decision to cancel a campus lecture by former Mount Royal University professor Frances Widdowson.
Justice C.D. Simard ruled that the university failed to recognize and expressly consider the freedom of expression rights protected under Section 2(b) of the Charter when it cancelled Widdowson’s February 2023 appearance.
The event, titled “How Woke-ism Threatens Academic Freedom,” was organized by philosophy professor Paul Viminitz. It was scheduled to include a 40-minute lecture followed by a question-and-answer session open to students, faculty and the public.
The university initially approved the event but reversed course after receiving complaints from faculty, students, alumni and members of the public. Then-president Mike Mahon cited concerns about potential harm to members of the campus community.
Widdowson and University of Lethbridge student Jonah Pickle challenged the cancellation with support from the Justice Centre for Constitutional Freedoms. Pickle had planned to attend the lecture.
Simard rejected the university’s argument that the cancellation was merely an administrative room-booking decision. He found that the university was regulating expression on campus through an act governmental in nature and therefore subject to Charter scrutiny.
“The university erred in law by not expressly considering and mentioning the Charter in making the Decision,” Simard wrote.
The judge also found that freedom of expression protects listeners as well as speakers. Pickle’s rights included the opportunity to attend the event and hear what Widdowson had to say.
The university’s own free-expression policy promised broad latitude to speak, listen, challenge and learn, while stating that disagreement or discomfort did not justify shielding people from controversial ideas.
Although Simard quashed the university’s cancellation, he declined to order it to host the lecture because the scheduled date passed more than three years ago. The issue of legal costs remains outstanding.
Justice Centre president John Carpay called the judgment a significant victory for campus expression, saying public universities cannot sidestep the Charter by portraying censorship as a room-booking matter.
Sheila Gunn Reid
Chief Reporter
Sheila Gunn Reid is the Editor-in-Chief, Alberta Bureau Chief, member of the board of directors, and host of The Gunn Show at Rebel News. Sheila also serves as President of the Independent Press Gallery of Canada. A mother of three and longtime conservative activist, Sheila is the author of bestselling books, including her most recent release, Independence Blueprint: What Alberta Can Learn From Quebec.
https://mybook.to/sheila
