Court rules University of Lethbridge violated free expression in cancelling Widdowson lecture
Justice Chris Simard found the university failed to consider Charter protections when it cancelled a 2023 talk by a controversial academic.
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The Alberta Court of King's Bench has ruled the University of Lethbridge violated freedom of expression when it cancelled a controversial 2023 lecture, marking a significant judicial rebuke of the university's decision-making process.
Justice Chris Simard issued the ruling Thursday after a judicial review hearing held in April. Frances Widdowson, a Mount Royal University professor, and Jonah Pickle, a student who planned to attend, challenged the cancellation of her talk titled "How 'Woke-ism' Threatens Academic Freedom."
The university had invited Widdowson to speak but cancelled the February 1, 2023 lecture after two petitions against her appearance garnered more than 4,000 signatures. The petitions called Widdowson a "residential school denialist." She is known for controversial views on Canada's residential school system.
Simard found the university "failed to appreciate and expressly consider" the applicants' rights under section 2(b) of the Canadian Charter of Rights and Freedoms — the right to freedom of thought, belief, opinion and expression. "The University erred in law by not expressly considering and mentioning the Charter in making the decision," Simard wrote.
The university's lawyer had argued the Charter did not apply because the university is an autonomous body and not a "government." Simard rejected this reasoning, finding that "in making the decision, the university was acting to regulate freedom of expression by students on campus. That act was 'governmental' in nature, so the university's act in making the decision was subject to the Charter."
Simard did not decide whether the university breached the applicants' right to peaceful assembly under section 2(c) of the Charter, noting that lawyers on both sides did not make "substantial argument" on that point.
The ruling comes three and a half years after the scheduled lecture date. Simard noted it is now practically "impossible" for the event to go ahead and did not force the university to allow it or require reconsideration of whether to permit it.
Widdowson's termination from Mount Royal University became a separate labour dispute. The university appealed a labour board ruling on her firing in 2026.
Will the University of Lethbridge appeal Simard's ruling, and if so, what would be the legal grounds?
Are there policy changes expected at the university following this ruling on institutional decision-making around speaker events?
We'll update this story as answers emerge.
The facts
What lecture did the University of Lethbridge cancel?
'How 'Woke-ism' Threatens Academic Freedom' by Frances Widdowson, a Mount Royal University professor, was scheduled for February 1, 2023.
Why did the university cancel the lecture?
Two petitions against Widdowson's appearance gathered more than 4,000 signatures calling her a 'residential school denialist,' prompting the University of Lethbridge to cancel.
What did the court find the university failed to do?
Justice Chris Simard found the University of Lethbridge failed to consider and expressly mention the Canadian Charter of Rights and Freedoms, specifically section 2(b) on freedom of expression, when making the cancellation decision.
