Vancouver, BC / unceded Coast Salish Territories – The BC Civil Liberties Association (BCCLA) is disappointed by the BC Supreme Court’s decision to grant an injunction in the Vancouver Island University v Sara Kishawi et al. While we welcome the court’s finding that the injunction sought by Vancouver Island University (VIU) was overly broad, the Court still ordered that the encampment be removed within 72 hours and that no further encampments be established within the same specific area for 150 days.

The BCCLA intervened to argue that the law must adapt to consider the effects of an injunction on fundamental Charter rights, specifically freedom of expression and freedom of assembly. Judicial discretion should always align with the Charter, as its principles are integral to Canada’s legal framework and liberal democratic society. This holds true even in cases involving private property. In recent years, the BCCLA has become increasingly concerned with injunctions being used to restrict protest rights.

The court found that Charter rights did not undermine the university’s private property owner rights. Despite agreeing that the common law should develop incrementally and with consideration of Charter principles of free expression, the Court was not persuaded that this was the case to do so.

“Freedom of expression should be protected unless there is an exceptional justification for its restriction. Today, the court missed a critical opportunity to align the law with our Charter rights and values. While the door remains open for us to fight for an evolution of the law in the future, failure to apply these principles today continues to curtail the essential role of Charter rights in our legal landscape.”

–Ga Grant, BCCLA Litigation Staff Counsel

The BCCLA is represented by Kyle Thompson, Laésha Smith, and Ben Clarke of Poulus Ensom Smith LLP with assistance from Karen Mirsky.