An Alberta Court of Queen’s Bench judge has found that Facebook postings by two University of Calgary students critiquing a professor at the school are protected expression and their consequent academic suspensions were in contravention of section 2(b) of the Charter of Rights and Freedoms.
Comments by twins Keith and Steven Pridgen landed them in hot water and eventual suspension for non-academic misconduct. The court reasoned that the Charter applied to the university as an agent of the provincial government for the provision of accessible post-secondary education to the public. Moreover the court determined that the comments, while possibly immature, were protected by section 2(b) and the breach could not be saved by section 1 because the suspension orders did not impair the freedom of expression rights as little as possible. The court also found issues with procedural fairness and other administrative law principles.
For additional information, visit:
http://tinyurl.com/itcan-facebook-Charter
http://tinyurl.com/VANSUN-facebook-Charter