Trespass case against Dr. Frances Widdowson stayed
Widdowson's legal team had hoped the case would help clarify the extent to which publicly funded universities are bound by Charter protections for freedom of expression.
The trespass prosecution against Canadian academic Frances Widdowson stemming from her arrest at the University of Victoria has been stayed, bringing the legal proceedings to an end but leaving several constitutional questions unanswered.
According to the Justice Centre for Constitutional Freedoms, Dr. Widdowson was arrested on Dec. 2, 2025, after attending the University of Victoria with Dallas Brodie to discuss disputed claims regarding unmarked graves at the former Kamloops Indian Residential School site.
Prior to their visit, the university publicly stated that Widdowson and Brodie would not be permitted on campus to speak and issued statements opposing their planned appearance.
When Widdowson arrived on campus, she encountered a large protest near Petch Fountain, where she intended to address supporters and critics alike. After interactions with campus security and officers from the Saanich Police Department, she was served with a trespass notice. When she refused to leave, she was arrested, detained for approximately two hours and charged under British Columbia's Trespass Act.
"The stay concludes the prosecution but leaves unresolved broader questions that had been expected to arise through the litigation," constitutional lawyer Chris Fleury said in a statement released Wednesday.
Fleury noted that the stay only applies to the trespass proceedings and does not determine whether Widdowson may return to the University of Victoria campus in the future.
The university itself was not a party to the prosecution. According to the Justice Centre, Widdowson had previously received a written warning under provincial trespass legislation and could face additional enforcement action if she returns to campus.
Perhaps the most significant legal question left unanswered is whether the Canadian Charter of Rights and Freedoms applies to universities in British Columbia. Widdowson's legal team had hoped the case would help clarify the extent to which publicly funded universities are bound by Charter protections for freedom of expression.
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.
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