As a civil libertarian, I find it concerning to see cops on campus in riot gear considering universities are supposed to be places where people can express the most controversial ideas. There’s a good argument to be made that these demonstrations should be allowed to continue so long as they’re not impeding students’ learning or causing serious safety risks. But, as much as it pains me to say it, I don’t believe dismantling the encampments would necessarily violate the Charter.
There are three reasons for this. First, it’s debatable whether occupations and encampments are forms of expression that the Charter protects. Second, universities might not be the type of place where the Charter applies. Finally, universities enforcing property rights might not be engaged in state action, and state action is required for the Charter to apply.
It isn’t certain whether an occupation or encampment is a form of protected expression.
If universities enforce their property rights against weeks-long occupations, I’m not convinced the Charter will stand in their way
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It’s also unclear whether the Charter applies to campus “quads,” but I suspect it does not.
The actual function of a university campus includes the hosting of gatherings and protests, but it’s questionable whether this would include long-term, highly disruptive occupations. The university quad works as a shared space that people use for hours at a time to picnic, throw a frisbee — and, yes, sometimes to protest. At the U of T and McGill, it’s also the place where convocation ceremonies often take place.
In my view, pitching a few tents to protest may be compatible with the function of a big open green space on campus. It’s less obvious that a large, weeks-long occupation that kills the grass, poses safety risks and prevents other students from enjoying the space or attending a convocation ceremony is compatible.
If universities decide to enforce their property rights against weeks-long occupations that cause demonstrable harms, I’m not convinced the Charter would stand in their way.