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Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/18924

Title: Exploring the Charter’s Horizons: Universities, Free Speech, and the Role of Constitutional Rights in Private Legal Relations
Authors: Mix-Ross, Derek
Advisor: Benson, Peter
Department: Law
Keywords: Law
Canadian Charter of Rights and Freedoms
Freedom of Expression
Academic freedom
Constitutional values
Human Rights
Student expression
Access to Property
Common callings
Constitutional values in private law
Issue Date: 15-Feb-2010
Abstract: Universities have traditionally stood as bastions of academic freedom and forums for open discourse and free expression. In recent years, however, this role has been questioned in instances where university administrators have, either directly or complicity, denied students the opportunity to express certain viewpoints they deem “controversial”. This research paper explores whether a university, or its delegates, should be allowed to deny students access to campus facilities and resources solely on the basis of ideological viewpoint. The relevance of the Canadian Charter of Rights and Freedoms, statutory human rights provisions, and common law doctrines to the student-university relationship are explored in turn. It is argued that, notwithstanding the fact that universities may be “private” actors to whom the Charter does not directly apply, they are institutions invested with a public interest, and as such ought to be subject to special duties of non-discrimination.
URI: http://hdl.handle.net/1807/18924
Appears in Collections:Master
Faculty of Law - Master theses

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