In this case, the Vancouver Island University (VIU) sought an injunction to evict a small group of students who were participating in the Palestine Solidarity Encampment on a patch of grass in the campus quad.

The BCCLA intervened in this injunction. We argued that the common law of injunctions must evolve to reflect the impacts of an injunction on our core Charter rights: freedom of expression and freedom of assembly. Judicial discretion must always be exercised in accordance with the Charter because its principles are fundamental to the Canadian legal order and our liberal democratic society. This is true even in a dispute involving private property. The Supreme Court of Canada has been clear that free expression must be protected unless its curtailment is exceptionally justified. Therefore, the courts must assess the necessity and proportionality of restricting students’ Charter rights before granting the injunction.