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ARTICLE · 23 JANUARY 2026

Campus Conduct And The Courts: University Discipline And Charter Challenges In BC

The Supreme Court of British Columbia recently dismissed a petition for judicial review brought by a student against Vancouver Island University...

CanadaEmployment and HR

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.

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