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Freedom of Expression: Frequently Asked Questions

 

Freedom of expression protects the individual’s freedom to communicate and exchange ideas verbally, in writing, through social media, etc., (e.g. to speak to others, and to hear what others have to say) without interference from the state or from others. 

Freedom of expression is protected because it contributes to the growth of public knowledge, because it is necessary to the operation of a democratic form of government, and because it is important to the individual’s development as an autonomous person.  

The freedom to exchange ideas and information is central to the university’s mission of “Enabling people to make a better world through education, scholarship, research and engagement”. Members of the university community should be free to investigate and disseminate ideas, including those that are controversial or unconventional, without fear of censorship or discipline by the university or by the state.

Freedom of expression must sometimes be limited to prevent harm to important individual and public interests. Canadian law includes restrictions on obscenity, hate speech, threats, defamation, and harassment. The form or location of expression may also be limited to ensure that other activities can take place in public and private spaces.

Expression on campus is also subject to limits necessary to ensure the protection of the university’s mission. Expression may be subject to limits in the classroom or meeting-room, concerning who speaks and when, and the manner and subject of the speech. The university is also a workplace. University employees or members are protected from degrading or harassing speech in the same way that workers in other workplaces are protected.  

While the scope of protected expression is very broad, members of the university community should nevertheless strive to treat others with respect, and as interlocutors, who should be addressed and heard. The university must be a place of tolerance, respect, and inclusion, where all members are able to live and work free from discrimination and harassment.

Faculty, students and staff on campus should initially approach their Department Head, Dean, or Supervisor to inquire about hosting any event on campus in order to ascertain appropriate protocols and to receive proper approvals for use of campus space.  Ratified student clubs and societies or other student incorporated groups (ie UWSA, GSS, OPUS, etc.) should refer to their specific Event Management Protocols when planning an on-campus event.  For other events that fall outside of these areas of responsibility (as well as for other information on event planning protocols on campus), please visit the University of Windsor’s Office of Student Experience website on Student Event Planning and follow/complete the appropriate protocol links and forms.

 

 

No. The university cannot prevent an event from occurring simply because it disagrees with the views that will be expressed.  An event will be cancelled only if the university has reasonable grounds to believe that the views expressed, or the manner in which they will be expressed, will violate the law or disrupt the operation of the university, or where there is a reasonable belief that the event is going to affect—or threatens to affect—the physical safety of members of the University community.

The University of Windsor is an important community partner and at times will open its campus spaces to external groups on appropriate terms in accordance with University policy and procedure. Groups who use university spaces are expected to cover any costs associated with the room booking. The University itself does not sponsor, organize, or endorse events arranged by external or internal groups.

If an individual feels threatened by what they consider hateful, harassing, or threatening speech, they may bring their concerns to the Office of Human Rights, Equity and Accessibility, or to their direct supervisor, Department Head, or Dean, which will be able to assist them in navigating their options. If there is any concern for the security or safety of oneself or others, Campus Community Policy should be notified.  The following provides preliminary guidance for determining which institutional policies may apply depending on whether the individual(s) engaging in possible hateful, harassing or threatening speech is a faculty member, staff member or student: 

Individual(s) engaging in possible hateful, harassing or threatening speech is a:

University Policy

Student

  • Human Rights Policy
  • Procedures for Addressing Student Non-Academic Misconduct
  • Student Code of Conduct 
  • Unacceptable Use of Computer Resources

Employee (faculty or staff)

  • Collective Agreements between the University of Windsor and its staff and faculty
  • Harassment Prevention Policy 
  • Human Rights Policy 
  • Policy on Intimate Personal Relations
  • Senate Bylaw 32: Procedural Irregularities and Discrimination Regarding Academic Instruction, Evaluation and Appeals 
  • Unacceptable Use of Computer Resources
  • Violence Prevention Policy
  • [Some of the above apply to specific employee groups only]

Yes. Freedom of expression protects peaceful protest. The right to protest is protected provided it does not disrupt academic or other activities on campus. 

Academic freedom ensures that members of the university faculty are free to investigate and disseminate ideas, including those that are controversial or unconventional, without fear of censorship or discipline by the university or by the state. Academic freedom is the shape freedom of expression takes within the context of the university’s research and teaching mission.

Because academic freedom is rooted in the university’s mission, its exercise carries certain responsibilities. Faculty members are expected to adhere to certain standards of communicative engagement. They are expected to treat other members of the academic community with respect, as interlocutors, who should be addressed and heard.