Overview
The Supreme Court of British Columbia recently dismissed a
petition for judicial review brought by a student against Vancouver
Island University (“VIU”) in Kishawi v.
Vancouver Island University, 2025 BCSC 2487. The case
concerned disciplinary actions taken by VIU, including a two-year
suspension for breaches of its Student Conduct Code. The student
alleged procedural unfairness, unreasonable exercise of discretion,
and violations of her Canadian Charter of Rights and
Freedoms (the “Charter”) protected
right to freedom of expression. The Court upheld VIU's
decisions, finding they were reasonable, procedurally fair, and
within its statutory authority under the University
Act. The Court also ruled the Charter does
not apply to VIU's disciplinary process.