The University of Calgary recently reversed the guilty verdict of seven pro-life students who were found guilty of non-academic misconduct for setting up a display with graphic photos comparing abortion to the Holocaust and the Rwandan Genocide. The University of Calgary initially demanded that the students set up their display facing inwards so passersby would not see the images. After the students refused, the University charged and found the students guilty of misconduct for failing to follow the demands issued by Campus Security. The students appealed to the University’s Board of Governors, which found their appeal groundless and dismissed the case. The students appealed to the Alberta Court of Queen’s Bench, which ordered the University to rehear the appeal, after which the students were found not guilty.
The court decision has been heralded by some as being a victory for free speech on campus. The court ruling focused on the procedural aspect of the law rather than the substantive claim that the students’ right to free expression had been violated. The Court shied away from making any finding on the students’ right to erect the display: it directly stated that “it would be premature at this juncture” to rule on the right of students to erect the display on University property, or to force a change in University policy. Rather, the decision focused solely on the decision of the Board of Governors’ Committee denying the students their appeal hearing on the basis that it was groundless.