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MacDonald Laurier Institute

Bureaucrats should not be arbiters of our online world

Published

4 months ago

18 minute read

From the Macdonald Laurier Institute

By Leonid Sirota and Mark Mancini

When it comes to regulating the internet, Ottawa tells Canadians to simply “trust the experts.”

The federal government has pursued a far-reaching internet regulation agenda. This includes the Online Streaming Act (previously known as Bill C-11) and the Online News Act (previously known as Bill C-18). Both are ostensibly designed to force foreign online platforms – streaming ones such as Netflix, Disney+, and YouTube in the former case, Google and Facebook in the latter – to provide support, mainly but not exclusively financial, to Canadian cultural and journalistic producers. The most recent addition to this regulatory programme, Bill C-63, partly targets online platforms too, but its reach is broader. It seeks to prevent a range of “online harms” – from the distribution of child pornography to hate speech.

These legislative endeavours have attracted commentary from all corners, not least from Macdonald-Laurier Institute experts. Much of the discussion has been critical of the government’s policies on the ground of their unwisdom, immorality, and possible unconstitutionality.

But we would like to take a different tack here and focus not on the ends pursued but the means employed by C-11, C-18, and C-63: the empowerment of administrative agencies as rule-makers and arbiters of Canadians’ online world. While they purport to regulate new technologies, business models, and cultural forms, these policies are a throwback to an old philosophy of government that subverts fundamental constitutional principles: democracy, the separation of powers, and the rule of law.

It is worth beginning with a brief restatement of what these principles mean. Democracy means the exercise of political power – law-making, in particular – by either the people themselves or, more commonly, through elected representatives. The separation of powers means that the making and execution of laws are different functions, not to be confused or conflated, and that adjudication of disputes in accordance with the law is a separate function still. The rule of law is a complex idea, but perhaps the pithiest formulation of its core meaning belongs to economist and political philosopher F.A. Hayek: it “means that government in all its actions is bound by rules … which make it possible to foresee how the authority will use its coercive powers in given circumstances.”

Contrast this with the philosophy underpinning the government’s approach to internet regulation. This philosophy permeated the report of a panel commissioned by the federal government at the end of the last decade to propose reforms to Canada’s regulation of the internet. Published in January 2020, “Canada’s Communications Future: Time to Act” called for legislation that would “provide sufficient guidance to assist the [Canadian Radio-Telecommunications Commission (CRTC)] in the discharge of its duties, but sufficient flexibility for it to operate independently in deciding how to implement sector policy. To achieve this, legislative statements of policy should set out broadly framed objectives and should not be overly prescriptive.” Translation: the democratically elected Parliament should not bother with making actual rules; that would be the job of the bureaucrats at the CRTC. They know better – both what the rules should be and how to apply them. Parliament is their enabler, not their master, and the courts should defer to their judgments.

In fairness, the legislation ultimately enacted or considered by Parliament does not go quite as far in empowering the CRTC or a new Digital Safety Commission (DSC) at the expense of Parliament as that report had urged. But it does go far. Probably the most important example of this concerns the amenability of user content – the average TikTok video, rather than Netflix – to CRTC regulation. This was one of the major points of contention when Bill C-11 was before Parliament. The Bill itself – despite claims by the government to the contrary – quite clearly permitted the CRTC to regulate user content, though it did not require it to do so. Amendments to remove this discretionary power were roundly rejected at the government’s insistence, in favour of leaving the user content question open for decision by the CRTC – only for the government to issue a Policy Direction to the CRTC “not to impose regulatory requirements” on user content.

The real scope of the law, and hence the degree of its impact on the freedom of expression of ordinary Canadians, will thus be fleshed out through the interplay of policy directions from Cabinet and CRTC consultations and orders. The same goes for various other aspects of the Online Streaming Act, such as Canadian content and discoverability requirements to be imposed on online platforms. The Online News Act, had it functioned as intended, would similarly have given the CRTC the final say over the extent of the obligations of the platforms subject to it. (In reality, one of these two platforms instead banned the publication of news content, and to avoid the other doing the same thing, the government made a deal with it that eviscerated the act.) And under Bill C-63, the decisions as to whether an online platform’s policies are “adequate to mitigate the risk that users … will be exposed to harmful content” is similarly within the remit of the DSC, with little if any guidance from Parliament as to what is in fact required.

This way of doing things undermines parliamentary democracy as anyone, except some scholars of administrative law would understand it. The people elected to make laws do not, in fact, make them in any meaningful way. On the contrary, they pawn off responsibility for contentious policy choices to administrators; they enact no more than empty shells, politely described as “framework legislation,” full of blanks to be filled out later. This transgression against constitutional principle is compounded when Cabinet makes a mockery of the parliamentary process with its policy flip-flops, which can then be reversed by further Cabinet fiat. The excuse typically given for this dereliction of duty is that the problems to be addressed are too complex for parliamentarians to deal with, which only makes one wonder at their nerve to have put themselves forward to do a job they are concededly unqualified for in the first place.

Enthusiasts for the internet agenda may say that it remedies its democratic deficiencies by consulting with those subject to new registration requirements. Yet CRTC consultations on the Online Streaming Act provided no more than a shabby ersatz of what democracy is supposed to mean – debate and discussion in Parliament. The submission period was short,  and “industry-focused.” The CRTC ended up issuing orders requiring registration on a range of internet services that meet a $10 million revenue threshold, and the government issued a policy direction to the CRTC instructing that user content not be regulated. The CRTC’s regulatory plan for the Online Streaming Act is still being developed, and will likely involve further decisions about the reach of registration requirements. Whether the DSC does any better – if and when it implements Bill C-63 – remains to be seen. But, in any case, consultations that only include industry players, or some nominal number of users, cannot replicate an engaged and informed Parliament that weighs competing interests. Nor can it replace an engaged and informed citizenry, holding politicians to account for their choices at the ballot box.

Separation of powers fares no better. Instead of Parliament making laws, independent prosecutors bringing charges, and independent courts ruling on them, the CRTC and DSC combine their broad rule-making powers with the ability to both jawbone and outright prosecute online platforms, and to rule on the charges. The Canadian Civil Liberties Association rightly laments “the vast authority bestowed upon” the DSC “to interpret the law, make up new rules, enforce them, and then serve as judge, jury, and executioner.”

Here again, proponents of administrative power think they have an answer. Instead of the old-fashioned institutions wielding divided powers, they say the modern world requires the government’s full authority to be concentrated in the hands of experts. Agencies like the CRTC and, presumably, the DSC have the skills and wisdom to deal with the complex and increasingly difficult online environment. This claim is attractive in part because the layman often cannot comprehend the size and scale of challenges that modern regulation confronts, while politicians are all too often happy to demonstrate their unseriousness and ignorance.

But, in addition to its other problems, the vision of expert administrators who know better is simply unwarranted by the facts. For example, Konrad von Finckenstein, former chair of the CRTC, has told a Senate committee studying Bill C-11 that the CRTC simply does not normally deal with matters of this nature; and that the CRTC will likely need to hire contractors to fulfil its mandate under the legislation. The CRTC is also, by its own admission, not really up to speed when it comes to the universe of online media it is required to regulate under the Online Streaming Act: it has invoked the need to gather information about podcasting to justify its far-reaching registration requirements for platforms that host them. As for the DSC, it will of course be an entirely new bureaucratic structure with no existing expertise at all. Perhaps the government will appoint experts to it. But it doesn’t have to. Bill C-63 imposes no requirements as to the qualifications of the DSC’s members other than their being Canadian citizens or permanent residents. Under the Canadian Radio-television and Telecommunications Commission Act, the same is also true of the CRTC.

Over-reliance on administrative regulation and enforcement undermines the rule of law too, by making the rules applicable to the internet uncertain and their application unpredictable. The legislation relies on vague terms that will only be fleshed out as the agencies that apply it go along, which will discourage innovation, chill expression, and incentivize platforms to take quick action against their users to avoid getting into trouble with the regulators. And if the victims of unfavourable rulings want to challenge them in actual courts, the Supreme Court’s precedents prevent judges from coming to their own independent assessment of what the law requires, but instead require them to yield to the bureaucrats’ interpretations unless these are not “merely” mistaken, but outright unreasonable. Even the requirements of the Canadian Charter of Rights and Freedoms are dissolved in this bureaucratic acid; from the supreme law of Canada, they are diluted into values that must, to be sure, be taken into account, but only as a factor among others.

All this may seem like legalistic pedantry propounded by academics who do not care about the pressing needs of contemporary society. But that impression would be mistaken. It is precisely the government’s disregard for Canada’s constitutional foundations that ultimately ensures that the rules produced for it by its administrative instrumentalities are out of touch.

Instead of legislation reflecting Canada’s public opinion as represented in Parliament, we are to be governed by rules drafted by unrepresentative bureaucrats, potentially influenced by special interest groups with a privileged access to them. Instead of the exercise of coercive power being channelled through institutions with limited remits keeping one another accountable, we are told to trust experts who cheerfully admit having no real expertise to speak of. And instead of the law being predictably and impartially applied by judges who are not invested in the government’s policy and do not depend on government goodwill for reappointment, the law, and the constitution itself, only count insofar as they are consistent with administrative need.

It may be that we are stuck with the administrative state. Although some scholars have made arguments to the contrary, we believe that, as a matter of law, Parliament is entitled to delegate very considerable policy-making powers to agencies such as the CRTC and the DSC. If the government is set on pursuing its regulatory agenda through the old-fashioned means of creating and empowering bureaucratic structures, the courts will not save us, even though, as we have argued elsewhere, they have become rather more skeptical of the administrative state’s claim to be the solution to all the problems of the modern world than they used to be until fairly recently.

But the government having the authority to do something does not mean that doing it would be a good idea. It, and we the citizens, should embrace the judiciary’s skepticism of the vision of government-by-administrator that characterizes the federal government’s plans. More to the point, we should recall what our most important constitutional principles mean. If we are not to erode them, we need to reject the means the government is proposing to employ, as well as, arguably, the ends it is pursuing.

Leonid Sirota is Senior Fellow with the Macdonald-Laurier Institute, and an Associate Professor in the School of Law at the University of Reading, in the United Kingdom, where he teaches public law. His research interests include the rule of law, constitutional interpretation, administrative law, the freedoms of conscience and expression, election law, and other aspects of Canadian and comparative public law.

Mark Mancini, a Senior Fellow with the Macdonald-Laurier Institute, is a Ph.D. candidate at the University of British Columbia, Peter A. Allard School of Law. He holds a J.D. from the University of New Brunswick, Faculty of Law, and an LL.M. from the University of Chicago Law School.

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Federal government “not serious about defence,” warn Canadian military leaders

Published on July 10, 2024

By

From the Macdonald Laurier Institute

J.L. Granatstein for Inside Policy

“The current prime minister of Canada is not serious about defence. Full stop. A large number of his Cabinet members are not serious about defence. Full stop.”

The Communist regime in China ramps up its aggression against Taiwan, while actively interfering in the political processes of Western democracies – including Canada. In Europe, Russia wages a brutal full-scale war against Ukraine, while sabre-rattling about nuclear strikes on our NATO allies. Meanwhile, Russian President Vladimir Putin’s Arctic ambitions threaten our sovereignty in the North.

With danger all around, one would think Canada’s federal government, led by Prime Minister Justin Trudeau, would be sounding the klaxon – rallying the country and steeling its citizens for looming conflicts with authoritarian regimes while bolstering our military for 21st-century warfare.

Alas, that seems to be far from the case, according to a pair of senior Canadian military leaders who warned recently about the federal government’s lack of commitment to and support of the military.

Over the course of four media reports that were published between May 12 and June 30, 2024, we heard the opinions of Lieutenant General (Ret’d) Andrew Leslie, and General Wayne Eyre, the Chief of Defence Staff who is retiring later this summer. Leslie, a former Liberal MP, was featured in the National Post on May 12 and again on June 30. As for Eyre, he appeared in an Ottawa Citizen article on June 20, and then in an end-of-term interview with the National Post on June 30 – just two days after the federal government announced the beginning of construction planning for the Royal Canadian Navy’s proposed fleet of fifteen destroyers.

Of these four articles, Leslie’s were by far the most important. The former Chief of Land Staff had retired from the Canadian Armed Forces to run for the federal Liberals in 2015. Elected to Parliament, he served four years – but then decided not to run for re-election. If Leslie was disillusioned, and he was, he kept silent in public until his National Post interviews. His remarks were extraordinarily blunt, but they seemingly failed to attract the public notice they deserved. Here in point form are some of his comments from his first interview:

  • “The current prime minister of Canada is not serious about defence. Full stop. A large number of his Cabinet members are not serious about defence. Full stop.”
  • “Our NATO allies are despairing. Our American friends are frustrated.”
  • “[T]he Liberal government has no intention of meeting [the NATO standard of] two per cent (by 2030) and no intention of meeting 1.76 per cent [of GDP] (as promised in the April 2024 budget) because they rest confident in the smug knowledge that the Americans will always defend us.”
  • “Since 2015, the Trudeau government has not spent, re-profiled, re-allocated, deferred, or lapsed $20 billion that was promised for defence. The impact of that is that ship fleets have not been replaced, aircraft are extraordinarily old, as are helicopters; the army is in a state of despair.”

These remarks from a former senior officer are, to my mind, devastating – much more so than those from Opposition politicians or academic experts. So too were the remarks Leslie offered on June 30:

  • “According to the numbers I have 72% of the army’s vehicles and trailers are offline…. I think the big issue is, right now, the men and women in uniform don’t see any demonstrable proof that the federal government is actually seized of the issue of trying to get them the capabilities they need to better defend Canadians.”
  • “The Liberal government sees defence spending as discretionary… They believe there’s a whole host of societal funding requirements, ranging from increases in healthcare, to day care, to children getting breakfast at school – and a bewildering array of boutique allocations of funds to cater to voter-sensitive initiatives. And defence comes after all of that.”

One area of special concern, Leslie maintained, was artillery shells, one of the many military items Ukraine needs in huge quantities. Canada, he stated, was falling down in producing them: “Canada has a tiny stockpile of 155-mm ammo…. One to two years prior to Russia’s latest invasion of Ukraine in 2022, a bunch of idiots decided to cancel the standing offer [with the two Canadian manufacturers of 155-mm artillery shells] because there was no business case for Canada to continue investing in the production of ammunition.”

Leslie ended the second interview by talking of those leaders he admired: “I had the privilege and honour to be in close proximity to three consecutive prime ministers who made the system work such that we bought tanks, artillery ammunition, small arms ammunition, helicopters, guns, armour-protective vehicles, new weapons systems, the list goes on. And those were Prime Minister [Jean] Chrétien, Prime Minister [Paul] Martin, and Prime Minister [Stephen] Harper.”

The general had been a member of the Trudeau government and had worked in drafting the Liberals’ defence platform in the 2015 election. But nothing had been done to implement it in a timely fashion. In Leslie’s list of prime ministers who took defence and national security seriously, Trudeau was notably absent.

The Ottawa Citizen article, by veteran defence reporter David Pugliese, was not a direct interview with General Eyre, but rather, a report on comments Eyre made behind closed doors in a speech to senior officers. Pugliese did not have a copy of Eyre’s speech but learned of it from an audience member.

According to Pugliese, Eyre, who only had a few weeks left as Chief of the Defence Staff, sounded almost optimistic about the Liberals’ 2024 budget that pledged $8 billion in new defence spending by 2030 and $73 billion more over twenty years.

Eyre reportedly told the officers, “Yeah, this policy was not as fast as we wanted it to be. And it did not give us everything we needed. But I will tell you it’s more than I expected, much more than I expected…. The prime minister told me that defence spending is only going in one direction and that is up.”

The general also reportedly spoke of creating a small team to work out an implementation plan for the new defence policy initiatives, and that he wanted some “quick hits… I see ammunition production as one of those quick hits that we absolutely have to get on with.”

In his interview with the National Post on June 20, Eyre was at times both pessimistic and positive in his assessment of the Canadian military: “[The world has entered a] pre-wartime security environment… If you’re in uniform, you learn to be pessimistic about the security situation because you’re trained for the worst case… Given the indicators and the trends that we see, I am pessimistic about the security situation…. Is this a 1938 moment? Is this a 1912 moment? The world has seen this before, with ebbs and flows, and we’re back in a multi-polar dangerous moment where the structures that have kept us generally at peace are fraying.”

If Eyre is right, Canada should be preparing for a war that is certain to affect Canada and its allies. But the Canadian procurement system for munitions and equipment is broken – a fact that Eyre freely acknowledges: “We are applying peacetime processes and peacetime mentalities to what could be considered a wartime or immediate pre-wartime security environment. So, what did we do in 1939? What did we do in 1914? We certainly didn’t take 10 or 15 or 20 years to get capabilities in place, because the war would be over by that point…. We have to deliver, and we have to deliver fast.”

The Chief of Defence Staff then spoke optimistically about Canada’s role in Latvia, where the Canadian Armed Forces leads the NATO brigade stationed there, and where the commitment is supposed to be increased in the next few years.

“We are very well respected in that part of the world,” Eyre said. “Do they want more of us? Yeah, absolutely, but for me it drives home that we produce a pretty good product…. [Canada] has and can do so much on the world stage. Compared to the majority of countries out there, we have got so much going for us.”

On June 28, 2024, Minister of National Defence Bill Blair and Angus Topshee, the Chief of the Naval Staff, announced the government’s plans to replace Canada’s Halifax-class frigates. Fifteen new destroyers would be constructed at the government’s estimate of $56 billion to $60 billion, Blair said. The Parliamentary Budget Officer earlier had estimated the construction cost at $84 billion with a “life-cycle” cost to operate and maintain the vessels at $306 billion. In reality, Blair’s announcement was not for the beginning of construction of the ships but only for a “test module.”

Some background is needed here. The Harper Conservative government in 2010 approved the National Shipbuilding Program, but it was not until 2018 that the Trudeau government, in power for three years, selected the as yet (and still) unproven British Type 26 ship as its choice. The vessels were to be constructed in Halifax at the Irving shipyards that first had to build the Arctic Offshore Patrol Ships, only completed this year (late and over-budget). Now in 2024, work at last can begin on the new destroyers.

The plan is that the first of the ships will be completed and ready for sea trials in 2033, 9 years from now and 23 years after the Harper government announced the shipbuilding program; presumably the first destroyer will not be deemed fully ready for service until at least 2034. (HMCS Halifax, the first of the frigates, went to sea in 1992, and by the time the first replacement is ready, Halifax will be 42 years old.)

But the planned completion of construction of all fifteen vessels will be glacial. Defence Minister Blair told Global TV  on June 28 that the first nine ships would not be completed until 2040 and the remaining six not until 2050. In other words, it will take a quarter century for Irving to build fifteen ships – if it is able to maintain even that production schedule. The one certainty is that the ships will cost more to build – the rate of inflation for military construction is at least 6 percent higher than national inflation. The costs will be so high for these ships that it is all but certain that fewer than fifteen will ever be launched. Will any of the destroyers still be combat effective by 2050? That seems highly unlikely.

Remember what Eyre told the National Post: “We are applying peacetime processes and peacetime mentalities to what could be considered a wartime or immediate pre-wartime security environment…. We have to deliver, and we have to deliver fast.” And don’t forget Leslie’s damning comment: “The current prime minister of Canada is not serious about defence. Full stop. A large number of his cabinet members are not serious about defence. Full stop.”

At the July NATO summit in Washington, American leaders increased the heat on Trudeau to reach the 2-percent-of-GDP benchmark for military spending. “Welcomed @CanadianPM Trudeau to the U.S. Capitol today,” U.S. Senate Republican Leader Mitch McConnell wrote on X on July 9. “Shared values and close economic ties have always been the strength of the U.S.-Canada relationship. But it’s time for our northern ally to invest seriously in the hard power required to help preserve prosperity and security across NATO.”

The Trudeau government will be long gone by the time the first of the new destroyers puts to sea, and it will be completely forgotten by the time the last one sets sail. We must hope that no war intervenes in the next quarter-century because Canada certainly will not be ready – and not only with its navy. “Not serious about defence”– let’s hope we will not pay a high price for the neglect of this country’s most vital national interest.

J.L. Granatstein taught Canadian history, was Director and CEO of the Canadian War Museum, and writes on military and political history. A member of MLI’s Research Advisory Board, Granatstein’s most recent book is Canada’s Army: Waging War and Keeping the Peace. (3rd edition).

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MacDonald Laurier Institute

Anti-Jewish campus protests reveal ugly double standard when it comes to policing “free speech”

Published on June 11, 2024

By

From the Macdonald Laurier Institute

By Kelsie Walker for Inside Policy

Despite encampments trespassing on private property, and thus being, by all definitions, illegal, they’ve seen practically no disciplinary action.

Following widespread pro-Palestinian protest encampments popping up on American campuses, there was an influx of copycat encampments across major Canadian university campuses, including at the University of Toronto, McGill University, the University of British Columbia, the University of Calgary, the University of Ottawa, and Western University, among others. These encampments are demanding that universities divest from entities associated with Israel, accusing them of supporting apartheid and being complicit in genocide. The protests, intended to express solidarity with Palestinians but also rife with antisemitism and calls for violence against Jews, have sparked intense debates about the limits of free speech and the legal boundaries of protests on campuses.

What began as a story of peaceful activism has quickly turned into lawmakers, universities, and the police selectively enforcing the law on partisan lines, displaying both hypocrisy and inaction when it comes to handling protests associated with the left.

A new poll from the Angus Reid Institute found that two-thirds of Canadians (64 per cent) say the police give preferential treatment to certain groups when dealing with protests. Canadians of all political affiliations largely feel that police response and engagement at protests is not applied consistently, with three-in-five past Conservative (68 percent), Liberal (60 percent), and NDP (73 percent) voters saying so. While they differ on the question of who receives preference, given the recent events at Canadian universities, it is undeniable that left-leaning causes, and more specifically, pro-Palestinian protests, are given unfair leeway in comparison to causes deemed to be right-leaning.

While some have tried to frame the campus encampments as an issue of free speech, in many cases, the protesters are breaking clearly defined and communicated laws. Students are certainly free to protest. However, they must also comply with university policies and Canadian laws. Free speech allows individuals to express their opinions, even controversial or unpopular ones. However, when the expression of an opinion crosses into illegal activity, such as vandalism, trespassing, or the incitement of violence, it is no longer protected under the banner of free speech. Yet, pro-Palestinian protestors are demanding that their protests be held above the law, and such demands are being met.

Despite encampments trespassing on private property, and thus being, by all definitions, illegal, they’ve seen practically no disciplinary action. The majority of Canadian universities are either placating protestors’ demands by offering a list of concessions, or, they are simply letting protests proceed practically unchecked. Police did recently disperse the encampment at McGill University on June 6 – but only after protesters there escalated the situation by illegally occupying an administration building. While most protestors have good intentions, illegal and alarming activity is frequently occurring in protest sites. Encampments have, at times, seen physical conflicts with counter-protesters, the presence of anti-Canadian and anti-police slogans, the refusal of numerous orders to leave, have issued calls to incite violence, and in one instance, have even displayed shocking imagery depicting the lynching of Jews.

Consider McGill’s “peaceful” protest. Launched in late April, it quickly turned into a hotbed of intolerance. Protestors rejected the university’s offer of concessions (despite the offer being similar to those that have led to conflict resolution at other universities) and sent masked individuals to follow and harass senior administrators at their homes and offices. The encampment displayed profane graffiti, and even featured a hanging effigy of Israeli Prime Minister Benjamin Netanyahu  donning a striped outfit that resembled the uniforms that Jews wore in concentration camps during the Second World War. Are these truly displays of free speech, or something far more sinister?

Many of the encampments are demonstrating a striking intolerance to differing opinions and an unwillingness to reach a compromise with universities, with many protestors refusing to leave until all their demands are met. If the situation was reversed, would a pro-Israeli encampment be met with the same tolerance?

Well, the University of Toronto clearly says no. Recently, a pro-Israel encampment, created in counter-protest to the pro-Palestinian encampment on campus, was removed by campus security within minutes of being established. The justification? Unlike the fully fenced-in and untouchable “Little Gaza” that has existed and grown steadily on the campus for over a month, the counter-protest was simply small enough to remove. So, it turns out, universities are in fact able to remove encampments, but only when they are on the wrong ideological side (or, in this case, the “right” side). This double standard is alarming. Why are universities and the police so afraid to stand up to left-wing protests when they blatantly break the law? If encouraging “free speech” is the justification, then that very speech cannot be encouraged selectively.

While encampments at the University of Calgary and the University of Alberta have been disbanded by police, most Canadian universities are not taking any action against illegal encampments. Indeed, some universities have reassured protesters that there will be no punitive actions taken towards them. The University of Toronto, the same university that was so quick to remove pro-Israeli protestors, even began its convocation ceremonies to the backdrop of a large pro-Palestinian encampment.

To be clear, I am not advocating for the forced end of protests. However, the inconsistent application of the law is troubling. This is part of a much wider issue in Canadian society, where there is a clear double standard on this issue. Just look at how the federal government reacted to the “Freedom Convoy” that gridlocked Ottawa in January 2022. In response to the anti-vaccine-mandate protest, the Trudeau government invoked the Emergencies Act and forcibly brought it to an end. Some Freedom Convoy organizers were arrested and their bank accounts frozen. A federal court ruling later declared the use of the Emergencies Act “unreasonable” and a violation of the protesters’ Charter rights.

Ironically, the same people who applauded the crackdown on the Freedom Convoy protesters are crying foul at the very thought of the police disbanding left-wing protest encampments on university campuses. As Sir Winston Churchill once said, “Everyone is in favour of free speech. Hardly a day passes without its being extolled, but some people’s idea of it is that they are free to say what they like, but if anyone says anything back, that is an outrage.”

While free speech is protected, it is not without limits. And it certainly shouldn’t be used as a phony justification for inaction, especially pro-Palestinian encampments make other students and staff feel unsafe on campus. The mobs are especially concerning for Jewish students, faculty, and staff who have suffered instances of anti-Semitic rhetoric, harassment, and exclusion on campus. In the face of such blatant anti-Jewish hate, how can they feel safe, respected, and valued by their institutions?

Protests are often intended to create discomfort; however, universities are sitting by idling while atmospheres of hatred and racism are being strengthened with each passing day. It is so severe that some Jewish students in the United States are taking legal action against their universities, under the claims that the institutions are failing to protect them from discrimination and harassment. If such hostility is allowed to continue unchecked, it is only a matter of time until legal battles emerge on Canadian campuses too. Universities are legally and ethically obligated to ensure that all students feel secure and respected, not allow a select few to run rampant all over university rules. There must be a principled, consistent approach to free speech and legal enforcement – one that transcends political affiliations and ensures that the rights and responsibilities of all citizens are respected equally.

Kelsie Walker is a project manager at the Macdonald-Laurier Institute where she primarily assists with the Defending the Marketplace of Ideas project.

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