Questions and answers

The Q&A below captures the most frequently asked questions about Freedom of Expression at the University of Waterloo.

Updated June 21, 2024

What does the University consider to be prohibited activities in relation to protests?

What does the University consider to be prohibited activities in relation to protests?

The University considers the following prohibited behaviour:

  • Conduct inconsistent with values contained in the Canadian Charter of Rights & Freedoms.
  • Violation of federal, provincial or municipal laws, bylaws or codes.
  • Violation of any University policies including but not limited to health and safety requirements.
  • Unduly interfering with the study, work or working environment of members of the University or any aspect of another person’s University activity.
  • Hate speech, threats, and other discriminatory language or behaviour.
  • Unauthorized use of University property or facilities for activities not regularly timetabled (outside of regularly scheduled class hours of 8 a.m. to 10 p.m. daily).
  • Unauthorized structures of any sort – tents, shelters, etc.
  • Excessive noise, megaphones or amplifiers.
  • Impeding entry or exit, or normal operation of, buildings, classrooms, offices or facilities.
  • Damage or alteration to any University property.
  • Signs or flags affixed to a post or pole.
  • Blocking traffic routes or impeding vehicular or pedestrian traffic, including right-of-way for fire and emergency vehicles.
  • Blocking access to buildings and grounds.
  • Fires, flames, camp stoves, propane or other fuel sources.
  • Illegal drug use or alcohol consumption.

Policy 8 defines “Speech” as “the communication of any idea, opinion, concept, data or other view.” Does this include all forms of expression?

Policy 8 defines “Speech” as “the communication of any idea, opinion, concept, data or other view.” Does this include all forms of expression?

The term “freedom of speech” as used in Policy 8 arises out of the broader right to freedom of thought, belief, opinion, and expression. Free expression, and free speech under Policy 8, includes any activity that attempts to convey meaning.

How are the limits to free speech determined?

How are the limits to free speech determined?

The right to free speech is not absolute and can be limited to protect other rights and important University values.

Free speech at the University is based on the following three premises:

  1. Engaging in the pursuit of truth and successfully discovering it is inherently beneficial.
  2. We aim to promote and support people’s involvement in making decisions about the world around us.
  3. We aim to create a tolerant and welcoming environment that values different ways people seek self-fulfillment and different forms of human flourishing, not only for the people expressing their ideas, but also for those who receive them.

Expression outside of these grounds may not be protected. In any situation where a concern is brought to the attention of the University, the case is assessed on criteria including:
 

  • the nature of the expression at issue
  • the value of the expression in terms of the three numbered premises listed above that free expression aims to promote;
  • the nature of the limitation to free expression being considered; i
  • the harm to the safety and wellbeing of the campus community that could result from allowing the expression; and in deciding on the proper balance, the University is guided by the values and principles essential to achieving the objects of the University (the pursuit of learning through scholarship, teaching and research within a spirit of free enquiry and expression) and also guided by a respect for the inherent dignity of community members, a commitment to social justice and equity, the accommodation of a wide variety of beliefs, respect for cultural and group identities, and the enhancement of the participation of individuals and groups in society.  Free speech is limited where the University can demonstrably justify the need to do so, based on the analysis of the factors listed above.

Are there examples that demonstrate instances where free speech crosses a line?

Are there examples that demonstrate instances where free speech crosses a line?

Instances where free speech may be limited include, for example:
 

  • where the purpose of the expression is to prevent the free exercise of another group’s rights;
  • where the expression is motivated by bias, prejudice or hate based on grounds protected by the Human Rights Code, or similar grounds;
  • where the speech occurs for a purpose that breaches the Criminal Code of Canada; and
  • where the expression aims to incite violence.

How will the University combat hate and maintain civil discourse?

How will the University combat hate and maintain civil discourse?

Through our consultations, we have heard concern about hateful and offensive speech and we have received questions about how the University handles opposing views on campus while maintaining a respectful and safe environment for our community. 

To be clear, the University does not tolerate hate, harassment or violence on our campuses. We have policies and procedures under which we can take action when hate, harassment or violence happens.

The University’s mission is to advance learning and knowledge through teaching, research and scholarship in an environment of free expression and inquiry. We have many arenas to discuss and debate ideas and issues in an honest and responsible pursuit of knowledge. We also have policies in place that protect free expression and academic freedom (Policy 8: Freedom of Speech). 

These freedoms require us to act responsibly. The right to academic freedom is not a license to say or do whatever one pleases. We expect that each member of the University contributes to a just and supportive community based on equity and respect.  (See Policy 33: Ethical Behaviour).

We also acknowledge that public discourse has become increasingly charged and we have heard from many in our community that this polarization has brought growing levels of discriminatory rhetoric online. It is incumbent upon decision-makers to prioritize the needs of groups that find themselves at risk, and do the work needed to properly ascertain what constitutes violence in an ever-changing virtual landscape. We will not tolerate any form of harassment in any university jurisdiction.

How does the University respond when incidents of sexual and gender-based harassment or violence are reported?

How does the University respond when incidents of sexual and gender-based harassment or violence are reported?

When sexual and/or gender-based harassment or violence occurs, UWaterloo encourages those who have been affected seek support from the Sexual Violence Prevention and Response Office (SVPRO). 

Please visit the Sexual Violence Prevention and Response Office (SVPRO) webpage for the most current information on reporting and supports available.

What resources are available for dealing with harassment or unwanted attention?

What resources are available for dealing with harassment or unwanted attention?

There are a number of associations, offices, units, and services offering support. TheConflict Management and Human Rights Office has a range of supports for anyone dealing with conflict, human rights issues or workplace harassment including a social media abuse help page. The Office of Equity, Diversity, Inclusion and Anti-Racism is also resourced to intake requests for support, and if appropriate will assign you a team member to identify next steps.
 
The University Communications team offers support for dealing with issues including handling media enquiries, message development and PR handling, social media support, and more. They can also act as spokespeople for the University in responding to email.
 
If you are in a situation involving unwanted touching or aggressive and threatening behaviour, you can consider contacting the Special Constable Service (ext. 22222 or 519-888-4911) or the Sexual Violence Prevention and Response Office.
 
The University’s Employee Assistance Program offers short-term, confidential counselling that includes face-to-face (flexible hours), telephone or online sessions for a variety of reasons. Services for students are available through Student Care.

News

Since it emerged on May 13, the University has continually sought to seek an amicable and peaceful end to the protest encampment on the Grad House Green.

As part of our ongoing commitment to continue productive and respectful dialogue we are pleased that we have an agreement to start confidential discussions with members of the encampment facilitated by a mediator.

As the process is confidential the University will only provide further updates that are agreed upon between both parties.

At the end of last week the University of Waterloo issued a legal Trespass Notice to members of the protest encampment on the Grad House Green. The Trespass Notice required the encampment to leave immediately or face consequences in accordance with the Trespass to Property Act.

Unfortunately, the encampment remains in place in violation of Waterloo policies, and the law.

Today, lawyers representing the University served court documents to start a legal process to enforce the Trespass Notice and end the encampment.

The University is seeking an interlocutory injunction to end the encampment. Subject to the court’s approval, documents related to the legal process will be made available publicly through our legal counsel’s website.

Tuesday, June 25, 2024

Legal Documents

In line with our commitment to be transparent in our interactions with encampment protesters, the University is making the legal documents filed today available for our community to read.

Subject to the court’s approval, further documents related to the legal process will be made available publicly through our legal counsel’s website. 

Read the Statement of Claim 

Read the Notice of Motion