Notice Board

Background

Frances Widdowson applied to the courts asking for a judicial review of the decision to cancel the room booking that was made by a U of L faculty member to host her in giving a talk at the University in February of 2023.

Judicial review

Judicial review is a court process that allows a Justice of the Court of King's Bench to review an administrative decision of the University based on the records that were in front of the University decision makers at the time the decision was made.

Decision

On Thursday, September 17, 2026, we received this decision.

The court found that the decision made by the University was flawed because it did not consider, specifically and expressly, the Charter rights (freedom of expression) of those involved (Widdowson and students coming to hear Widdowson). 

The court explicitly does not rule on whether the University’s 2023 decision itself was reasonable (or unreasonable) on its merits. Rather the ruling, following a 2024 case in a public school (York), establishes that those making decisions that are governmental in nature must explicitly consider the Charter (rather than simply similar principles).

As a result, the court quashed, or set aside, that decision of the University.  This means that the decision of the University could not stand because the University did not go through a thorough Charter analysis as required by law. 

The courts did not order that Frances Widdowson is now immediately entitled to come and speak as a result of the quashed decision, nor is the University asked to reconsider that decision and apply the appropriate charter analysis. However, the ruling does confirm that in future decisions the University is required to expressly consider Charter rights when addressing issues related to Freedom of Expression that fall under or engage the University’s Statement of Free Expression.

Next steps

There is a 30 day appeal period that commenced on September 18, so it is not yet clear if the matter is fully closed.

The University now has a framework it must work within as it addresses requests for speakers at the University of Lethbridge.  The University will work through the weighty charter issues now before it, applying the requirements of the law in conjunction with the values of the institution.