Widdowson judicial review targets University of Lethbridge over cancelled lecture

CALGARY — Dr. Frances Widdowson and former undergraduate student Jonah Pickle were in court Friday for a judicial review challenging the University of Lethbridge’s decision to cancel a 2023 campus speaking event. Widdowson — a former Mount Royal University professor known for her work in indigenous public policy and free speech — had her lecture titled How Does Woke-ism Threaten Academic Freedom? initially approved and scheduled for February 1, 2023, but it was cancelled shortly before it was set to take place following backlash from faculty and students.According to court filings, the U of L justified this decision in part by citing its obligations under Alberta’s Occupational Health and Safety Act, arguing the event posed potential psychological and social harm to members of the university’s community.Widdowson and Pickle — who organized the event — have stated that the decision amounts to an unjustified infringement on free expression and peaceful assembly under the Canadian Charter of Rights and Freedoms.“The university here claimed it was cancelling free speech to protect its indigenous students,” said constitutional lawyer Glenn Blackett, who represents the applicants.“Those students might receive a parchment, but they will have been denied a university education.”Although the event was cancelled, Widdowson attempted to deliver the lecture on campus but was drowned out by protests.She later delivered the talk virtually..Widdowson reinstatement decision under review by Alberta labour board.In an interview with the Western Standard, Widdowson said a successful outcome would go beyond the courtroom.“We want to go back into the University of Lethbridge,” she said, adding she hopes to host a joint discussion with indigenous leader Aaron Peet to demonstrate what “constructive dialogue and disagreement” looks like on university campuses.“We’re looking for a university that will host us — and Lethbridge is the university that should, because they are a complete disaster and completely captured by the indigenization activists.”Widdowson and Pickle have already seen setbacks in their legal battle.A previous attempt to challenge the constitutionality of provisions within the Occupational Health and Safety Act was rejected, with the Alberta Court of Appeal finding no legal error.The applicants are now seeking a declaration from the court that their Charter rights were breached by the university, and to affirm that public universities must respect and protect open debate and inquiry.The court heard Friday that some faculty members and indigenous student leaders opposed the Widdowson event, warning it could harm “reconciliation” efforts and cause psychological harm.Matthew Woodley, counsel for the U of L, told the court the decision to cancel the lecture was “multifaceted” and unfolded over roughly 24 hours as administrators were flooded with concerns from university stakeholders.Several days before the cancellation, university president Dr. Mike Mahon issued a statement indicating the lecture would proceed in keeping with the U of L’s Statement on Free Expression, but after concerns steadily increased, the decision to cancel the event was made late on January 27.He also argued that the possibility of a counter-protest against Widdowson was being explored by other parties on campus and that this fell within the university's obligation under the Occupational Health and Safety Act to consider the health, safety, and welfare not only of its employees but also of any person at or near the lecture site who could be affected..WATCH: Protestors at UBC force Dallas Brodie, Frances Widdowson off campus.Blackett rejected the university’s claim that safety concerns — including the planned counter-protest — forced the event to be cancelled.While acknowledging safety could be a legitimate factor, he argued the university failed to properly weigh its legal and constitutional obligations before cancelling the event.Blackett said the U of L had “days” to consult with various experts yet never meaningfully described what the alleged harms related to the event actually were or how they could be addressed apart from cancellation.“I'm not on a treasure hunt for errors. I'm on a treasure hunt for any explanation whatsoever as to what the harms were,” Blackett told the court.“The university made their own bed — they should lie in it.”Meanwhile, Widdowson told the Western Standard after the hearing that the outcome wasn’t just about “winning or losing” but getting decision-makers like the U of L’s hierarchy to “write down that they’re actually thinking.”“We want to know what the University of Lethbridge is thinking about this, [this] is an unbelievable destruction of the academic mandate of that institution,” Widdowson said, also taking aim at the university’s position on institutional neutrality raised during the hearing.“If you do not have a neutral institution, you do not have an academic institution,” she stated.“It's very clear that a university is not supposed to take a position. It is up to the individuals of the university community to decide for themselves after hearing the different positions. The University of Lethbridge is not allowing the different positions to be heard.”Presiding Justice Christopher Simard is expected to give a written decision at a later date.

Widdowson judicial review targets University of Lethbridge over cancelled lecture

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