Daniel Michaluk Quoted in Canadian Lawyer Magazine on an Alberta Court of Appeal Decision on the Autonomy of Universities
Canadian Lawyer Magazine quoted Hicks Morley’s Daniel Michaluk in a January 10, 2020 article titled “Alberta Court of Appeal finds Charter Directly Applies to University’s Handling of Abortion Protest.”
A controversial decision by the Alberta Court of Appeal is concerning for how it limits the ability of universities to govern themselves. “Because the lower court set aside the question of whether the University was acting as government, it found as an administrative actor, the University only needed to ‘take appropriate account of Charter values in exercising discretion’” Daniel says. “This is an ‘indirect’ application of the Charter, he says. On that basis, the court found the University had weighed Charter rights and interests of others at the school appropriately.”
“As a government actor, the University has a ‘stricter burden of justification’ and instead of ‘taking appropriate account of Charter values,’ the school must comply directly with the Charter,” Daniel added.