On January 6, 2020, the Court of Appeal of Alberta held, in
UAlberta Pro-Life v. Governors of the University of
Alberta,1 that the Charter of Rights and
Freedoms applies to how universities regulate their
students' expression on campus. The court's judgment is
only binding in Alberta, but its effects may be felt elsewhere,
including in the provinces whose courts have, to date, declined to
apply the Charter in these circumstances: Ontario, British
Columbia, and Saskatchewan.
The Charter on university campuses before UAlberta
Pro-Life
The Charter applies to "government".2 The
Supreme Court of Canada held nearly three decades ago that
universities are not "government" for Charter
purposes in carrying out their day-to-day activities.3
However, the Court left open the possibility that "[t]here may
be situations in respect of specific activities where it can fairly
be said that the decision is that of the government, or that
government sufficiently partakes in the
