John Carpay: Protests Must Be Handled Under the Rule of Law, Not Politics

Published on April 30, 2024

Commentary In the so-called Gaza “encampment movement,” as the media has dubbed it, pro-Palestine protesters have set up fencing and tents on campus, contrary to university rules and policies, at the University of Ottawa, at McGill University in Montreal, and at the University of British Columbia in Vancouver. One of the protesters at UBC was quoted as saying: “As Canadians, we have the right to demonstrate peacefully as long as there is no violence. We have the right to protest this. … We believe we have the freedom of speech, which is not taken away from us.” Freedom of speech does not include a freedom to disregard university rules and policies, as long as those rules and policies are enforced fairly and equally for all groups, regardless of the group’s beliefs or opinions. Colleges, universities, and other government bodies are entitled to regulate the time, place, and manner of expression permitted on public property. To be reasonable, such restrictions must be applied neutrally to all groups, and should not target the content of the expression. For example, universities are within their rights to ban tent cities, overnight displays, excessive noise, and protests that interfere with students and professors going about their business. Conversely, universities have no right to suppress content because it is offensive and unpopular, for example, pro-life speech on campus....