CALGARY — The Alberta Court of King’s Bench has overturned the University of Lethbridge’s decision to cancel a controversial 2023 lecture by former Mount Royal University professor Frances Widdowson, ruling the university failed to properly consider Charter-protected freedom of expression.Justice C.D. Simard ruled the university’s handling of the proposed lecture was “fundamentally and fatally flawed” because officials did not expressly consider the Canadian Charter of Rights and Freedoms when cancelling the event, according to the Justice Centre for Constitutional Freedoms (JCCF), which funded the constitutional challenge.Widdowson welcomed the ruling, describing it as a significant victory following a lengthy legal fight.“That’s fantastic. Unbelievable,” Widdowson said after being informed of the decision by the Western Standard.“It's been a long and drawn-out process, and it's hard to kinda keep your emotions, in tune with it over that period of time. But now it's a fantastic precedent.”She added that she expected the university to appeal the decision and argued administrators must confront those on campus who would attempt to prevent controversial speakers from being heard. “They're gonna have to face up to their derangement problem with their faculty,L students, faculty association, and administration,” she said. “There was no reason whatsoever for the university to cancel that lecture, except the University of Lethbridge is no longer an academic institution and is being overrun by indigenization activists.”Widdowson had been scheduled to deliver a lecture titled “How Woke-ism Threatens Academic Freedom” on Feb. 1, 2023, after being invited by University of Lethbridge philosophy professor Paul Viminitz.The university initially approved the event but later cancelled it after receiving demands from some faculty, students, alumni and members of the public opposed to Widdowson appearing on campus.Then-university president Mike Mahon cited concerns about potential harm to members of the campus community in reversing the decision.Widdowson — whose Mount Royal position was terminated in late 2021 — is known for her academic work that has included research into public policy concerning indigenous people and socioeconomic disparities between indigenous and other Canadians. She has also been an outspoken critic of identity politics and its effects on academic freedom.The planned event was to include a 40-minute lecture followed by a 40-minute question-and-answer session open to students, faculty and the public.Despite the cancellation, Widdowson went to the university and attempted to give the lecture in an atrium. A large group of counter-protesters responded with shouting, chanting and drumming, preventing her from delivering the presentation.Widdowson and co-applicant Jonah Pickle launched a constitutional challenge against the university in July 2023 with support from the JCCF..University of Victoria trespass charge against Frances Widdowson stayed after campus arrest .The university argued its decision concerned the booking of a room rather than government regulation of expression, but Simard rejected that position.The judge found the university was “knowingly involved in regulating students’ freedom of expression on campus” and its decision amounted to a “governmental act subject to the Charter.”Simard also ruled Charter protections extended beyond Widdowson as the proposed speaker to members of the audience.Pickle’s section 2(b) freedom of expression rights included “the right to be able to attend and listen to what was said at the Event,” the judgment said.The university had its own free-expression policy pledging support for “free and open critical inquiry” and providing “the broadest possible latitude to speak, write, listen, challenge and learn.”The policy also said disagreement or discomfort was not sufficient justification for shielding students from ideas or opinions.However, university officials acknowledged they were limiting expression when cancelling Widdowson’s lecture but did not expressly analyze the Charter rights involved, according to the JCCF.“The university erred in law by not expressly considering and mentioning the Charter in making the Decision,” Simard wrote..UPDATED: CBC confirms involvement in controversial prank series targeting Frances Widdowson, Lindsay Shepherd.The judge said the circumstances fell “squarely” within binding Supreme Court of Canada precedent.JCCF President John Carpay said the judgment reinforces previous court rulings applying Charter freedom-of-expression protections to Alberta university campuses.“This decision affirms that principle and the constitutional requirement that universities meaningfully consider freedom of expression when making decisions affecting expressive activities on campus,” Carpay said.“This judgment confirms that a public university cannot evade the Charter by pretending that censorship is merely a room-booking decision.”Carpay said universities exist to foster debate, open inquiry and the exchange of ideas and should not cancel speakers because of opposition to their views.Because the scheduled lecture was more than three years ago, the court declined to order the University of Lethbridge to host the event.Legal costs have not yet been decided. The parties were given 45 days to reach an agreement or make written submissions to the court.
