University of British Columbia Censors Pro-Life Speech

According to press releases from the Center for Bio-Ethical Reform, their organization and pro-life students from the University of British Columbia have apparently been forbidden from publicly expressing their opinions at UBC.

CBR has taken its Genocide Awareness Project -- GAP -- to 13 US universities over the last two years. UBC was the first Canadian university GAP had plans to visit.

GAP exhibits twenty-five 6' x 13' photo murals depicting the similarity of "traditional" genocide (such as The Holocaust) and abortion genocide.

The University's Demands

CBR reports that UBC is insisting that they pay about $60,000 up front for the University police to protect CBR from "the riot" which will insue if CBR comes. Even if CBR could pay the $60,000, UBC still would require GAP to be put in an obscure location where few, if any, students would see the display.

UBC says they would need 38 officers to guard against violence by those opposed to the exhibit. Gregg Cunningham, CBR director said, "The most security CBR has ever seen at a US university is between 6-8 uniformed campus police officers. I believe the concern over security is a veiled attempt to censure the pictures from being viewed by students." The university declined to explain how it arrived at this figure. CBR pointed out that in the two-year history of GAP displays in the United States there has never been a disorder even vaguely resembling a riot, and an average of only four law-enforcement personnel have been required for security. In an attempt to reassure UBC officials, CBR provided their attorneys with the names and phone numbers of references at every police agency on every campus and in every municipality in which CBR has displayed GAP.

Regardless of the payment of these security fees, CBR says that the university refused to permit GAP to be displayed at any of the requested locations. CBR had sought to put up their display near heavily trafficked pedestrian thoroughfares adjoining the Koerner Library, Main Mall and the Student Union Building. CBR even offered to reduce the size of the exhibit to ensure the availability of space adequate to accommodate the presence of pro-abortion student groups with sufficient buffer zones between. Instead, the university said that the display would only be permitted at the MacInnes athletic field. This location is bounded by the backs of four buildings and is far from significant pedestrian walkways. Views of the field from the main entrance to the student union building (approximately 100 meters away) are blocked by a solid wall of trees and shrubs. The university later proposed alternative sites, but all were even further from major walkways.

UBC also demanded pro-life students or CBR to pay unspecified costs which might be required to provide "counseling" to passers-by who are disturbed by the content of the anti-abortion display. They also required an advance payment of a $5,000.00 damage deposit, and that CBR agree to "indemnify" it against all claims for "injury, loss or damage" which might result from the actions of people opposed to the display of GAP. That is, the university insisted that CBR pay for any damages to bystanders resulting from violence against CBR. There has never been any damages arising from a GAP display in the United States.

Finally, even if CBR and pro-life students agreed to comply with all these demands, the university reserved the right to "rescind" the "license" without having to specify any reason. (UBC letter of 17 September, 1999, signed by attorney Dennis Pavlich).

Equal Access

The day following the university's announcement, a pro-abortion student group calling itself "Students for Choice" conducted its own exhibit outside the student union building in an area that the university had earlier denied, on security grounds, an application by CBR and pro-life students to display the GAP exhibit. The pro-abortion signs and literature distribution activity were permitted to be conducted with minimal security and apparently without charge.

Free Speech Issues

UBC has said that Canada's Charter of Rights and Freedoms does not extend to students at UBC because they hold that UBC is not a government agency and therefore can restrict access to groups like CBR. For all intents and purposes UBC holds that their campus is a private institution.

Negotiations

CBR attempted to negotiate with UBC, but was unable to make any progress. UBC threatened to seek a court order empowering the school to arrest its own students and/or CBR staff as "trespassers" and impound any of the GAP photo panels which students or others might attempt to display at a fixed site without first paying the money the university demands. CBR and a number of UBC students have retained legal counsel and are preparing a law suit they intend to file against the university and perhaps other individuals involved in the controversy. The lawsuit will be funded by Canadians.

UBC did offer to reduce the amount demanded, but CBR rejected any payment as an unlawful abridgement of their rights to free speech.

UBC Response

According to an article in "The Ubyssey", a student publication at UBC, Assistant Director of Campus Security Mike Sheard referred to the GAP people as "professional agitators". They report that the university explained that it rejected the originally requested site "because the layout of the pavillion in front of the library does not allow people to avoid the display". The article did not specify whether all events and demonstrations at UBC are similarly required to be conducted in a place where they will not be seen by anyone who does not agree with the cause.

Corporal Jeff Morley, of the UBC RCMP detachment, expressed concern about the hardships that may be imposed on students who engage in acts of vandalism or violence against GAP. He explained, "These people [CBR] pack up and go on their merry way after their display week is over and it's the students, the people here locally who end up having to deal with the ramifications. We don't want to see anyone get incited into doing something where they're going to face a criminal investigation." They cited a couple of cases where students at US campuses face criminal charges for vandalizing a GAP display to back up this concern.

Morley also indicated that the RCMP hate crimes division is studying CBR's literature to see if they can apply Canada's "hate crime" laws against it.

We asked UBC for their position, and are posting their reply -- in full -- as a separate article.

CBR Response

CBR spokemen wondered how the university concluded it would need 38 security personnel to protect against violence, when schools in the U.S. required an average of only four. Did they believe Canadian students are ten times more violent than Americans? Or that Canadian law enforcement personnel are only one-tenth as competent?

More seriously, even if the university's position is taken at face value, they ask what message this gives to students. If the free speech of some students is taken away because those who disagree with them threaten violence, doesn't this reward threats and violence, and establish mob rule as the school's official policy?

If someone who wishes to speak on a public issue can be required to pay for police protection against any violent thugs who might dislike what he has to say -- presumably in addition to the taxes he is already paying for police protection -- then only rich Canadians will enjoy freedom of expression. The poor cannot afford to pay $60,000 for the right to voice their opinions.

Inquiries may be directed to:

Gregg Cunningham, director, Center for Bio-Ethical Reform, 714-658-8048
Mark Harrington, Center for Bio-Ethical Reform-Midwest, 614-476-9033

This article is based on two press releases from CBR, dated 29 Sept and 30 Sept, 1999, and the referenced article from the Ubyssey.

Posted 4 Sep 2000.

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Copyright 1999 by Jay Johansen
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