Correction – We have previously reported Anthony Hall was a former University of Lethbridge professor but have corrected his title to Professor Emeritus.
The Alberta Court of King’s Bench has quashed the University of Lethbridge’s decision to cancel a planned lecture by former university professor Frances Widdowson.
Justice C.D. Simard found the university’s decision was legally flawed because officials failed to expressly consider the Charter rights engaged by the cancellation.
“The university erred in law by not expressly considering and mentioning the Charter in making the Decision,” Simard wrote.
The case stemmed from a planned lecture titled “How Woke-ism Threatens Academic Freedom.” Philosophy professor Paul Viminitz had invited Widdowson to speak and the university initially approved the event. The university later received complaints from members of the university community and the public calling for the event to be cancelled. University president Mike Mahon subsequently cancelled the event on Jan. 30, 2023, citing concerns about potential harm to members of the campus community.
The lecture was scheduled for Feb. 1, 2023, and was to include a 40-minute lecture followed by a 40-minute question-and-answer session open to students, faculty and members of the public.
Following the cancelation, Widdowson said she would still appear on campus to give the lecture despite the cancellation. In a Facebook post before the event, she said the university would “have to haul me away by security to stop me.”
On Feb. 1, 2023, hundreds of University of Lethbridge students gathered in University Hall as Widdowson arrived to give her talk. Previous mylethbridgenow.com reporting estimated the crowd at about 700 people, with many protesters wearing orange shirts and carrying signs including “racism is not free speech” and “no place 4 hate.”
Kairvee Bhatt, then president of the University of Lethbridge Students’ Union, said the demonstration, which included protesters who yelled, chanted, drummed and danced as Widdowson attempted to address the crowd, reflected opposition to Widdowson’s views.
Although most of the crowd opposed Widdowson’s appearance, some attendees supported her and chanted “Freedom of speech.”
Widdowson and former University of Lethbridge student Jonah Pickle later filed an application for judicial review against the university on July 26, 2023, with legal assistance from the Justice Centre for Constitutional Freedoms.
The university maintained that the dispute concerned its administration of campus space rather than a decision subject to Charter scrutiny. Simard rejected that characterization, finding the university was “knowingly involved in regulating students’ freedom of expression on campus” and that its conduct was therefore governmental in nature.
The judge also recognized Charter protection for people who wanted to attend the event, finding that Pickle had a protected interest in hearing Widdowson speak. Pickle’s section 2(b) rights included, Simard found, “the right to be able to attend and listen to what was said at the Event.”
The court also considered the university’s existing free-expression policy, which calls for broad opportunities for members of the campus community to exchange and challenge ideas. The policy committed the university to “free and open critical inquiry” and to providing “the broadest possible latitude to speak, write, listen, challenge and learn.” It also stated that disagreement or discomfort did not, by itself, justify shielding students from ideas or opinions.
Simard wrote that the facts of the case fell “squarely” within binding Supreme Court of Canada precedent.
The justice concluded that the university’s failure to address the relevant Charter protections was serious enough to invalidate its decision. He described the error as “fundamental and fatal.”
The court set aside the cancellation but did not order the university to stage the lecture, noting that the original event date had passed more than three years earlier.
University of Lethbridge officials stated they are still reviewing the ruling.
“We have received the decision from Court of Kings Bench of Alberta and are in the process of reviewing and analyzing the ruling. We will have a further statement once that has been completed,” the university said in a statement.
The issue of legal costs has also not been resolved. The parties have 45 days to reach an agreement or provide written submissions to the court.
Justice Centre president John Carpay said the ruling is consistent with earlier cases involving freedom of expression at Alberta universities.
“This judgment confirms that a public university cannot evade the Charter by pretending that censorship is merely a room-booking decision,” Carpay said in a statement.
The ruling comes after Widdowson returned to the University of Lethbridge campus in February 2026 for another event that drew hundreds of protesters and prompted the university to issue her a trespass notice.
Earlier this year, Widdowson appeared on campus with Professor Emeritus Anthony Hall to discuss whether Canada’s residential school system constituted genocide.
The Feb. 4 event was not formally scheduled by the university and Widdowson announced her planned appearance shortly before arriving, and the university said she began engaging members of the campus community in a public space at about 11 a.m.
Hundreds of students gathered to protest her presence. The university said Campus Safety and Lethbridge Police Service officers responded and took measures to maintain safety.
The university said the 2026 situation continued for more than six hours and required significant university and community resources.
The university later confirmed that the trespass notice prohibited Widdowson from accessing campus. In April, she returned to campus in contravention of the notice and was subsequently removed by police. Lethbridge police issued her a $600 trespassing ticket. The university said the notice remained in effect.
