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After condoning the violation of the code by blockaders, the U of A went on to demand a $17,500 security fee of the pro-life students if they wanted to set up a display again

In court, the U of A argued that freedom of expression encompasses all behaviour short of violence. But the university’s own code bans not only violence, but inappropriate behaviour, such as disrupting classes and obstructing university-related functions. The code serves to curtail “behaviours which if left unchecked would, to an unacceptable degree, infringe upon the freedoms described above and thus threaten the proper functioning of the University.”

Adding insult to injury, after condoning the violation of the code by blockaders, the U of A went on to demand a $17,500 security fee of the pro-life students if they wanted to set up a display again in the future. The university is effectively censoring students who wish to peacefully convey a controversial message that no person is required to accept or agree with. Yet nothing stops the university from demanding $17,500 from the blockaders, whose behaviour and identities are well known to campus security, and who boasted publicly on social media about their “success” in silencing their opponents’ expression. Rather than enforcing the code’s provisions against students who physically obstruct campus events, the university blames the victims of this misconduct.

Would the U of A condone holding up sheets to prevent students in a classroom from seeing a professor’s power-point presentation about an unpopular theory? Should the professor be required to pay security fees because of his ideas? Why should it be any different for a student club that has the university’s approval to set up a display on campus?

If the U of A wins in court, its victory will almost certainly come back to haunt the university. Students will realize they can violate the code with impunity and silence those with whom they disagree.

Calgary lawyer John Carpay is president of the Justice Centre for Constitutional Freedoms (www.jccf.ca) which represents the students in their court action against the University of Alberta.