These high-profile events have renewed debate over what many perceive to be an increase in censorship and punishment for controversial, dissenting or simply discomforting speech. Are we valuing ‘political correctness’ over our guaranteed rights to free expression and academic freedom?
At the University of Guelph, balancing our many rights and responsibilities is an essential part of building an inclusive, respectful, and intellectually vigorous campus.
Many of us know our rights, but do we know all of our responsibilities? The Canadian Charter of Rights and Freedoms guarantees the rights to liberty and equality under the law. It also guarantees us fundamental freedoms such as freedom of religion, expression, and association.
Our University has many policies in place designed to protect the rights of our community members while preserving the cherished value of academic freedom, a principle that guarantees us the right to teach, learn, study and publish without threat of reprisal or discrimination.
In their robust intellectual climates, universities have a tradition of discussing timely social and political topics, both inside and outside the classroom.
When students come together to learn and socialize, they are introduced to different information, opinions, perspectives, and beliefs, often for the first time.
Avoiding diverse views and difficult issues is not an option. Why? Because one of the goals of our University is to graduate students with the ability to listen to differing points of view and to think critically about different ideas.
Yes, many of these ideas will be controversial, offensive, and flat-out wrong. When concerns arise, as they inevitably will, our University’s response is motivated by a need to promote an inclusive environment in which all persons, regardless of their personal characteristics, feel that they are treated with dignity and respect.
Are we becoming too sensitive?
It’s a debate with multiple perspectives, but it starts with an understanding of not only our basic rights, but also our responsibility to consider other points of view. It’s all about balance.
For instance, our right to free expression is not absolute. In fact, it implies respect for other rights and freedoms, including those described in Ontario’s Human Rights Code, which forbids expressions of bias, prejudice and bigotry; and the Criminal Code of Canada, which makes it an offence to publicly communicate statements that willfully promote hatred against an identifiable group by telephone, broadcasting or other audible or visible means. That’s what the law says. But still, are we being too sensitive? Many people think that discrimination does not exist if the impact was not intended. In fact, discrimination often takes place without any harmful intent.
On the other hand, exposure to critical, controversial, or even offensive viewpoints or issues is not necessarily a violation of rights. In fact, this is among the central tenets of academic freedom. Quite simply, no right is more important than another right. Furthermore, the law recognizes that rights may have limits when they interfere with the rights of others.
Our University’s human rights policy affirms that many situations may arise in which there is a perceived conflict between academic freedom and human rights, and that violation of either freedom is of grave concern. It also says that academic freedom does not entail a right to discriminate.
Finding the right balance is never easy.
Resolving conflicts is also difficult. As Barbara Hall, former Chief Commissioner of the Ontario Human Rights Commission said: “Finding the balance between competing rights is not the easy way. People tend to like clear-cut answers, especially when that answer is “I’m right and you’re wrong.” It is often said that with many rights come many responsibilities. Fortunately, the responsibility to create an inclusive campus, to understand our rights, and to find the ‘right’ balance is shared by all of us.
Since The Ontarion undertakes the publishing of student work, the opinions expressed in this publication do not necessarily reflect those of The Ontarion. The Ontarion reserves the right to edit or refuse all material deemed sexist, racist, homophobic, or otherwise unfit for publication as determined by the Editor-in-chief.