A group of professors and a graduate student are taking the University of British Columbia to court to stop the school from engaging in “political activity,” which they claim limits academic freedom and violates legislation requiring it to be non-political.
The petition filed in B.C. Supreme Court Monday says the school is breaching the University Act through the use of Indigenous land acknowledgements, promotion of equity and inclusion initiatives and by taking positions on the Israeli-Palestinian conflict.
A section of the act requires universities to be both non-sectarian and non-political, but the group claims UBC is engaging in activities that violate the legislation.
“Academic freedom includes rights to pursue the evidence where it leads, to study, research, write, publish and teach without administrative interference and to engage in political discourse,” the petition says.
The petitioners, which include philosophy professor Andrew Irvine, English professor Michael Treschow and others, claim the university should be prohibited from declaring it is on “unceded Indigenous” land.
“The use of the term ‘unceded’ is inherently political,” the petition says. “The declaration that land is unceded is often considered synonymous or closely affiliated in meaning with the assertion that the territory of Canada is ‘stolen land’ and that the speaker, at least to some degree, and in this respect, does not recognize Canada as a lawful or legitimate state.”
The petitioners also claim the university has taken “nakedly political” stands on the Israeli-Palestinian conflict through resolutions passed by the senate at UBC Okanagan and the faculty of creative and critical studies condemning Israel’s actions in Gaza.
They claim that job applicants are required to adhere to and believe in the principles of diversity, equity and inclusion and acknowledge “that individuals, institutions and societies are inherently patriarchal, colonialist and racist.”
“To impose (equity, diversity and inclusion) hiring requirements is to require faculty applicants to expressly commit to a set of specific political beliefs as a condition of employment,” the document says.
UBC did not immediately respond to emails requesting comment on the legal action.
‘Pressure’ to conform
The petition alleges the school takes positions that put “pressure” on faculty, students and others to conform to the university’s public statements.
They claim it’s a threat to academic freedom, should faculty or students disagree that the university is on unceded Indigenous land, that hiring decisions shouldn’t be based on “merit” or that the actions of Israel or Hamas “are politically or morally justified.”
The court action is supported by the Calgary-based Canadian Constitution Foundation, and lawyer Josh Dehaas said the professors involved have been “working behind the scenes to try and get UBC to stop being political, stop taking political statements as an administration.”
“It came to a head as a result of the Israel-Palestine conflict,” he said. “The University of British Columbia is a public university. It’s a university that is meant to be for all British Columbians.”
Dehaas said faculty and staff with conservative or classically liberal viewpoints are “being stifled by the university administration repeatedly taking progressive or left points of view and expressing those on behalf of the university.”
He said requiring prospective employees to declare their adherence to equity, diversity and inclusion principles is reminiscent of Cold War-era anti-communist loyalty pledges at universities.
He said the requirements stifle “academic discourse” and that the university should refrain from “taking a side even on very controversial matters.”
The petitioners want the court to order the university to stop declaring it’s on unceded Indigenous land, from making statements on the morality or lawfulness of the Israeli-Palestinian conflict and from requiring job applicants to declare support for “diversity, equity and inclusion doctrines.”
