UM to formalize freedom of expression guidelines

The University of Manitoba is working to formalize a Statement of Freedom of Expression and we are asking for your participation.

Following consultation with our Board of Governors and Senate, we have developed the pillars listed below to guide the development of a formal statement.

Many Canadian universities are now drafting such documents to affirm their commitment to freedom of expression and the right to assemble in accordance with laws and policies.

Freedom of Expression is separate from Academic Freedom, which is firmly established in the UM-UMFA Collective Agreement. UM’s senate and board have both affirmed the need to also develop a formal statement that defines what freedom of expression is, and how we approach and protect it. This includes the right to express ideas, information, and opinions freely, and in practice, it means the university will not shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.

But there are many factors to balance because freedom of expression is not completely without limit. As former Supreme Court Justice Rosalie Silberman Abella, an honorary degree recipient, said on our campus in 2016: “What worries me is that people don’t think free speech can actually limit free speech…But discrimination can take the form of speech, and when you say things that bring the other person’s identity into disrepute – that’s dangerous.”

Our mission is to advance learning by creating, sharing, preserving, and applying knowledge in partnership with diverse communities to the benefit of all. This new statement is intended to guide us in protecting difficult debate in a way that advances knowledge and balances the rights of the broader community.

Below my signature you will find the framework pillars our Senate and Board of Governors support. If you would like provide feedback on the pillars, please use this online form to provide your input by Friday, September 20, 2024 . Once we have everyone’s input, we will incorporate that into a draft and share that for further consultation.

Thank you,
Michael Benarroch, PhD
President and Vice-Chancellor

Freedom of expression statement pillars

Definition of Freedom of Expression

Freedom of expression at UM includes the right to express ideas, information, and opinions freely through any medium, respecting the diversity of methods in which these ideas can be conveyed and debated.

Commitment to Freedom of Expression and Speech

UM is committed to free and open inquiry in all matters and supports freedom of expression as a key element of our university environment. Learning requires exposure to a variety of different perspectives, and these perspectives will often and quite naturally conflict.

Academic Freedom

The right to academic freedom is addressed specifically in the context of the collective agreement with the University of Manitoba Faculty Association (UMFA) and the UM’s policy on Academic Freedom and Responsibilities.

Navigating Challenging Conversations

It is not the role of a university to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. It is for individuals to make judgements on these views for themselves. While all members of the UM community share in the responsibility for maintaining a climate of mutual respect, concerns about respectful discourse can never be used as a justification for closing off discussion of ideas, however offensive those ideas may be to members of our community.

Boundaries and Limitations

Freedom of expression and speech do not mean that individuals may say whatever they wish, wherever they wish. UM may restrict expression that violates Canadian or Manitoba law, causes the university to violate law, violates applicable university policies, procedures or collective agreements, falsely defames a specific individual, constitutes a genuine threat or harassment, or that unjustifiably violates substantial privacy or confidentiality interests.  In addition, UM may reasonably regulate the time, place and manner of expression to ensure that it does not disrupt the regular activities of the university. However these are narrow exceptions to the general commitment to freedom of expression, and it is critical that these exceptions are not used in a matter that is inconsistent with UM’s commitment to free and open discussion of ideas.

Support Services and Inclusivity

In a diverse and inclusive university environment, community members can expect, on occasion, to be confronted by ideas or images that they find offensive, unwise, or immoral. UM remains committed to providing support services to those who need them.

Education

UM commits to educating its members about their rights and responsibilities related to freedom of expression. Through workshops, seminars, and resources, UM aims to foster a community that understands and values the balance between free expression and mutual respect.

Protection Against Retaliation

UM is committed to assuring all community members who choose to exercise their right to freedom of expression will be protected from retaliation, discrimination, or undue sanction. This protection is crucial for maintaining an environment where ideas can be exchanged freely and safely.

Institutional Neutrality

University leadership has been reflecting on our past approach to making institutional statements in response to local or global issues. Such statements can require the university to take a side in what is often a contentious debate, which is outside of our core mandate. This can imply a false sense of consensus among our large and diverse community and can have the unintended effect of chilling the expression of contrary views or signaling that opposing views are unwelcome. UM is committed to maintaining institutional neutrality as part of its commitment to freedom of expression.