In October of 2010 we hosted Jose Ruba of CCBR, who gave the presentation, “Echoes of the Holocaust.” The UVic Students’ Society Board of Directors has now voted in favour of a motion that will censure YPY for hosting the event because they allege that our actions contravened the club harassment policy. YPY is specifically being reprimanded for advertising the event in such a way that it “misled” students, and allegedly harassed them as it compared abortion to the Holocaust. There seemed to be little consensus at the UVSS board meeting as to whether harassment had actually occurred: many board members seemed to think that since people had been upset, something needed to be done to deal with YPY, whether or not we had actually broken any rules.
Whereas a Complaints Committee was struck in response to complaints received regarding an event called “Echos of the Holocaust” hosted by the club Youth Protecting Youth; and
Whereas the complaints committee investigated several different complaints; and
Whereas by hosting an event “Echos of the Holocaust” Youth Protecting Youth allowed for people to be misled about the nature of the event and the Complaints Committee deems this to be in violation of the harassment policy, clubs policy part 2; and
Whereas significant concerns were raised by students about off the conduct of campus groups such as, “The Canadian Center for Bioethical Reform”; and
Whereas the UVSS would like to find long lasting, proactive solutions to reoccurring issues; therefore,
BIRT the UVSS investigate the possibility of mediating with Youth Protecting Youth to help prevent further issues; and
BIFRT Youth Protecting Youth be censured for violating the harassment policy found in clubs policy part 2; and
BIFRT the Political Action Committee hold a restorative justice event; and
BIFRT legal counsel be consulted to investigate if there can be changes to policy that would address concerns around the conduct of off campus groups or speakers.
We hosted the presentation because we believe we continue to experience “echoes of the Holocaust” today. Just as the Holocaust and past genocides are characterized by their unjust denial of personhood to a group of human beings and their systematic destruction of this group, so too do we see denial of personhood and systematic destruction with abortion in our society – the group targeted is the unborn. In two previous blog posts we addressed this comparison and the false accusations made about the event.
Yes, we knew that some people would be offended by the presentation. But what are we supposed to do? Stay quiet to avoid offending some people, while we silently watch 100,000 Canadians die every year because of abortion?
Let us remember that feeling offended and emotionally upset because one disagrees with a viewpoint does not mean one is being harassed. After all, no one has a legal right to be free from offense. Students who see and dislike our posters are not being subjected to a “hostile, intimidating, threatening or humiliating environment.[i]” The Clubs Harassment Policy states that harassment is defined as “treatment” of a person. If merely expressing our beliefs in advertising constituted “treating” people in a harassing manner, then no one would be able to express his or her views without fear of censure.
We are truly sorry that some people felt emotional or upset when they saw our posters. But abortion is emotionally upsetting. We do not want any woman or child to be hurt by abortion, and therefore want to provide students with as much information as possible so they can choose life-affirming options for themselves and their unborn children. This presentation was one way to express these beliefs.
The presentation did not pose a threat to anyone who attended; we are all adults capable of choosing for ourselves what we want to believe, and this presentation did not force anyone to do anything. We simply stated that genocide is horrible, the Holocaust was horrible, and we see that abortion is horrible because like the Holocaust and other widely recognized genocides, it involves the denial of personhood to and subsequent killing of innocent human beings. We wish none of these things ever happened, and we want to better uphold the dignity and value of every human being, born or unborn.
It is unfortunate that the UVSS Board of Directors has chosen to censure YPY and thinks it is necessary to mediate with us and host a restorative justice event. Although we welcome and encourage dialogue on the abortion issue, we have not harassed anyone, and so the actions taken by the board are based on a false “guilty” verdict. In addition, we worry that a policy made to govern who can and cannot speak on campus wouldn’t be applied equally to all clubs, and could be used to censor YPY.
The continued mistreatment of campus pro-life groups is still receiving much media attention, as can be seen in this recent MSN article. Nathalie Des Rosiers, general counsel for the Canadian Civil Liberties Association, cautions student unions that attempt to silence pro-life groups, as doing so sets a precedent for future debates. “When they’re approaching this issue, they should not diminish their responsibility toward ensuring that university campuses are places where ideas can circulate freely.”
[i] UVSS Policy Manual: Clubs Policy. Part F: Harassment: Definition http://www.uvss.uvic.ca/upload/docs/Policy%20and%20Bylaws/2010-11%20Clubs%20Policy%20%28Amended%202010-06-21%29.pdf
VICTORIA, BC – After two and a half months of consultation, the legal conflict between the University of Victoria’s pro-life club, Youth Protecting Youth (YPY), and the University of Victoria Students’ Society (UVSS) has come to a conclusion.
The legal conflict was the result of two years of discrimination and censorship, during which YPY was repeatedly denied funding that other clubs received. The situation escalated in the spring of 2010, when the UVSS refused to recognize YPY as a club, and made policy modifications that specifically targeted pro-life advocacy. YPY responded by filing a petition in the BC Supreme Court.
The case has now been settled out of court: the UVSS has recognized YPY as a club, granted it funding for the summer semester, repaid all funds wrongly withheld since fall 2008, and eliminated policy additions that had targeted pro-life advocacy. Having watched other pro-life groups face discrimination and censorship, YPY welcomes these developments that recognize the right to free speech at UVic.
“This is a great victory for YPY,” says club president Anastasia Pearse. “We interpret the UVSS’ concessions as an admission of wrongdoing, and we’re happy with the new direction it’s taking.”
The UVSS has also agreed to an unusual condition that allows YPY to hold the petition in abeyance indefinitely, making the process required to reinitiate legal proceedings quicker and easier, should it become necessary – a circumstance that YPY would view as regrettable. It is hoped that holding the UVSS immediately accountable will curb censorial behaviour.
Despite the free speech challenges it has faced recently, YPY remains focused on advocating for the right to life of all human beings at all stages of life, and will continue to boldly exercise its freedom of speech in proclaiming this message.
The club sincerely thanks Joseph Arvay of Arvay Finlay Barristers – who represented YPY – for his exceptional legal representation.
YPY is pleased that the BC Civil Liberties Association, which has generously acted in support of the club’s free speech, has been granted intervener status in the lawsuit, and will be intervening should the lawsuit need to be revived under the abeyance agreement.
As of this writing, Youth Protecting Youth and the University of Victoria Students’ Society’s engaging in legal conflict has failed to reach a final conclusion. The UVSS Board of Directors has voted to remove new anti-pro-life clauses from its policy (changes to its Harassment Policy had discriminated against pro-life advocacy) and grant status, funding and retroactive monies to YPY. Although these measures address some of the requests made in the petition to the BC Supreme Court, two key points remain unresolved: The UVSS hasn’t declared the action it has taken against YPY in the past to be unlawful, and the UVSS hasn’t promised that YPY’s behaving as it has so far will prevent it from being silenced again.
The UVSS must take steps – in a spirit of true reparation – to ensure that it will act consistently and fairly in the future. At present, we fear that there are no guarantees that the students’ society won’t discriminate against pro-life students in semesters to come.
YPY remains in legal consultation at present, reasonably seeking to secure lasting protection from censorship and discrimination against its members and its message.
VICTORIA, B.C., May 3, 2010 ‑ Youth Protecting Youth (YPY), the University of Victoria pro‑life students’ club, today filed a petition in the BC Supreme Court initiating legal proceedings against the University of Victoria Students’ Society (UVSS).
The lawsuit seeks various court orders all to the effect that the UVSS has acted unlawfully in denying YPY club funding since September 2008, and recently upped the ante by refusing to ratify YPY as an official club for the Spring 2010 semester. In addition, the Clubs Policy has now been amended to specifically target pro‑life advocacy.
University of Victoria student, UVSS member, and YPY president, Anastasia Pearse commented:
“We have watched pro‑life student groups throughout the province, and across the country, face the stifling and discriminatory decisions of Student Societies that deny them funding or club status.
Our aims are to promote choices that protect unborn human beings and their mothers from the harm of abortion. We should be granted equal opportunity to share our message.”
The students involved with YPY are members of the University community, which is the very place where controversial topics should be discussed and various sides considered. They recognize that it is their duty to stand up to protect the core value of ideological diversity and the fundamental values at stake in this case including equality and freedom of expression.
The controversy that has sprung up in the media around Prime Minister Harper’s recent announcement that Canada will not fund abortions as part of its G8 child and maternal health‑care initiative for developing countries demonstrates that abortion is still a live issue for debate. Pearse highlights, “To debate is to engage with opposing ideas and in order to fully engage, we must be free to express opposing views respectfully without censure.”
Joseph Arvay of the Vancouver based firm Arvay Finlay is acting for Youth Protecting Youth.
Clubs at UVic receive a small sum of money each semester to support their activities. The University of Victoria Students’ Society has denied us this funding – that every other club receives – for the past two years on the grounds that putting up a few small, non-graphic posters that challenge the morality of abortion (first and second posters used) constitutes harassment of students. This semester, the UVSS revoked club status entirely, pending a modification of clubs policy, because we continued to put up the posters in addition to holding a very well-attended debate. We protested against such unfair treatment.
In the last week of this semester, we were offered club status. However, the catch is we will eventually have to sign policy that would prevent us from voicing some central pro-life beliefs. This is an act of outright censorship initiated by our ideological opponents. Note Part F – Harassment of the new Clubs Policy: Amended Apr 2010.
Since September 2008, the UVic Students’ Society (UVSS) board has openly and systematically discriminated against us members of Youth Protecting Youth (YPY) because of our beliefs.
Youth Protecting Youth did a poster campaign (links to posters found below). It was through the Martlet that YPY first found out that some people were offended by the posters. There was no mention of harassment, intimidation, violence, or hate speech, and no formal complaints were made against YPY for posting the posters.
Youth Protecting Youth applied for, and was granted club status and funding.
At the first Clubs Council meeting, on 23 September 2008, it was alleged that YPY was not eligible for funding because it was against abortion, and therefore contravened UVSS policy. YPY was given no notice that such a claim would be made against it. The UVSS Director of Services misrepresented Clubs Council policy by permitting the complaints to be made– there is no policy that states clubs must comply with UVSS policy. As a result, Clubs Council voted to deny funding to YPY.
YPY appealed this decision at the following board meeting on October 6th. The UVSS Director of Services argued that the board should not reverse a decision by Clubs Council. The board remitted the question to Clubs Council for reconsideration.
The UVSS Director of Services chaired the October 21st Clubs Council meeting. She permitted fabricated complaints of harassment and discrimination to be made against YPY, even though YPY had not been given the notice required by Clubs Council policy. Representatives from Students for Choice (SfC) accused YPY of promoting violence through its poster campaign. A UVSS director later admitted that YPY was not given the opportunity to defend itself against these accusations. Contrary to UVSS policy, no investigation of the fabricated complaints was undertaken. Clubs Council again voted to deny YPY funding.
On November 3rd, YPY again appealed to the board. The board allowed a repetition of the fabricated complaints against YPY. Four directors affirmed the fabrications, stating that the posters were a form of hate speech, and were threatening and intimidating. Other directors argued that the board should not reverse a Clubs Council decision. The board affirmed the denial of funding.
In November 2008, YPY once again did a poster campaign, this time posting two of the original posters (see poster links below).
On 10 February 2009, Clubs Council voted to fund YPY. The question had been deferred from a previous meeting, ostensibly to permit attendance of all interested parties and encourage informed decision making. Without having given notice to YPY, the board reversed the decision at their meeting on February 23rd, claiming that the Clubs Council meeting was not procedurally sound, the board should uphold its pro-choice policy and deny funding to an “anti-choice” club, and women once again had complained about the posters. Directors who had previously insisted that the board should not overturn Clubs Council decisions now argued that it should do so.
On March 23rd, the board chairperson arranged for a presentation to the board by a SfC and Women’s Studies representative without informing YPY. With YPY unrepresented, the representative repeated and embellished the fabricated charges of discrimination and harassment.
At a board meeting on 6 April 2009, YPY appealed the reversal of the Clubs Council decision. The board again allowed the SfC and Women’s Studies representative to repeat fabricated claims. The board refused to permit discussion or rebuttal of these claims or consider arguments against its decision, proceeding to affirm denial of funding in an anonymous vote.
Clubs Council approved status and funding for YPY at a meeting on 29 September 2009. Those opposed to funding claimed that YPY was supporting racism and anti-Semitism because the club was bringing Stephanie Gray of the Canadian Centre for Bio-Ethical Reform to the campus for a debate about abortion.
On 5 October 2009, the UVSS board rejected Clubs Council’s recommendation and refused to approve funding for YPY. Speakers repeated fabricated charges that the club was engaging in harassment and encouraging a hostile and intimidating environment for women. The UVSS board refused funding because it objected to YPY’s plans to host a debate about abortion.
On October 21st, UVic Professor Eike Kluge debated Stephanie Gray. Almost 400 students attended the debate.
At the board meeting on November 16th, YPY appealed the board’s decision to deny it funding. The board once again refused to grant funding.
In January 2010, YPY posted the two posters used in fall 2008. At the Clubs Council meeting, three letters were read out, each requesting that YPY be denied status, and using the debate and posters as reasons to deny status. Clubs Council voted to refer the decision of denying status for the semester and funding for a year to the UVSS board.
On February 5th, the Martlet hosted a debate on whether or not YPY should receive funding. Students were given the opportunity to come out and hear both sides of the debate, with Joyce Arthur from the Abortion Rights Coalition of Canada speaking alongside SfC, and John Dixon from the British Columbia Civil Liberties Association (BCCLA) speaking alongside YPY.
On February 8th, the board voted to deny YPY funding for a year, and deny status until an organizational development committee meets and decides on a new policy that YPY and all clubs would have to abide by.
After this meeting, YPY requested that the board grant it a special general meeting. A motion was made at the February 22nd board meeting to grant this request, but was voted down.
Posters used by YPY (The third was posted in spring 2008 only):