By Myrna El Fakhry Tuttle
Source: ACLRC
Reposted from LawNow with permission
Academic freedom is vital to the advancement of knowledge and the health of democratic societies. It allows scholars and students to explore, question, and share ideas without fear of punishment. It helps people think critically, discover new things, and have open discussions.
Law professor and former university president Harry Arthurs stated in 1995: “Academic freedom is a central value, arguably the central value, of university life.”
According to the University of British Columbia (UBC) Senate policy, academic freedom includes “the freedom, within the law, to pursue what seems to [members of the University] as fruitful avenues of inquiry, to teach and to learn unhindered by external or non-academic constraints, [and] to engage in full and unrestricted consideration of any opinion.”
The Canadian Association of University Teachers (CAUT) defines academic freedom as the right to:
The CAUT policy affirms that academic freedom protects individuals from institutional repercussion and does not require them to remain neutral. All academic staff have the right to carry out their duties without fear of retaliation or censorship from their employer, the government, or any other authority.
In 2022, the National Assembly of Quebec adopted Bill 32, An Act Respecting Academic Freedom in the University Sector. Section 3 of this Act defines academic freedom as the right to “engage freely and without doctrinal, ideological or moral constraint, such as institutional censorship.” This includes the freedom to teach, discuss, research, create and publish. It also includes the right to express opinions about society and institutions, and about any doctrine, dogma or opinion.
Academic freedom applies not only to regular faculty, but also to adjuncts, students, alumni, board members, honorary degree recipients, and invited guests.
Its scope extends to both intramural expression (within academia) and extramural expression (in public discourse), and includes civil rights such as freedom of expression, assembly, and participation in public debates. However, academic freedom is not unlimited. It must be exercised within the law and with respect for the rights of others.
In the United States, the First Amendment protects academic freedom. In Canada, neither the Canadian Charter of Rights and Freedoms (the Charter) nor human rights legislation protect academic freedom. Instead, it is a negotiated right, secured primarily through collective bargaining agreements between faculty associations and universities.
Jon Thompson, Professor Emeritus and former President of the Association of University of New Brunswick Teachers, stated:
In its most clearly characterized and defensible form, academic freedom is a right of university academic staff held by virtue of their institutional employment. In outline, its purpose is to ensure they can challenge received wisdom, put forward new ideas, participate freely in collegial governance, and exercise fully their rights as citizens without suffering any institutional penalties. As such, it differs from general freedom of expression for all citizens protected through the Canadian Charter of Rights and Freedoms and provincial human rights codes. In Canadian universities the right to academic freedom is protected through articles in collective bargaining agreements.
Additionally, Canadian universities are bound by hate speech and anti-discrimination laws, which limit expression more strictly than U.S. law under the First Amendment.
Historically, academic freedom in Canada existed as informal policy or tradition. Prior to the widespread unionization of faculty in the 1970s, the protection of academic freedom largely depended on the discretion and goodwill of university administrators. Today, faculty unions play an important role in safeguarding academic freedom, primarily through grievance and arbitration mechanisms. Because many faculty members at Canadian universities belong to unions, most of them are protected by contracts that set out their rights and working conditions.
Canadian courts have given limited attention to the issue of academic freedom. In McKinney v University of Guelph, Justice Gérard La Forest of the Supreme Court of Canada acknowledged its importance but narrowed its scope, stating it protects only “against the censorship of ideas.”
The Supreme Court has previously ruled that neither the Charter nor Quebec’s Charter of Human Rights and Freedoms applies to universities. However, in UAlberta Pro-Life v Governors of the University of Alberta, the Alberta Court of Appeal found that when a university regulates student expression as part of its core public functions, it may fall under Charter scrutiny. Although this decision is currently binding only in Alberta, it reflects a shifting legal perspective on academic freedom and institutional responsibility.
In Canada, academic freedom is increasingly under pressure, reflecting broader global trends.
Around the world, academic freedom is facing significant threats. Governments are increasingly trying to control what educators and researchers can say or teach—often for political reasons. This is happening not only in authoritarian countries but also in some democracies. As a result, certain topics are being removed from school and university programs, some institutions are being targeted, and academics are being punished. These actions are making it harder for academics to freely share ideas and have open discussions.
2500 University Drive NW
Calgary, AB T2N 1N4
(403) 220-2505
aclrc@ucalgary.ca
Â