If universities enforce their property rights against weeks-long occupations, I’m not convinced the Charter will stand in their way

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University administrators seem unsure about how to respond to anti-Israel encampments. Last week in Calgary, police used tear gas and rubber bullets to disperse the occupiers. In Edmonton, police went in with batons over the weekend. McGill sought an injunction to clear its camp but on Wednesday, it was denied. In Ottawa and Toronto, administrators have opted for negotiations. One reason for hesitancy by some leaders may be concerns that giving the occupiers the boot would violate the Charter of Rights and Freedoms.

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As a civil libertarian, I find it concerning to see cops on campus in riot gear considering universities are supposed to be places where people can express the most controversial ideas. There’s a good argument to be made that these demonstrations should be allowed to continue so long as they’re not impeding students’ learning or causing serious safety risks. But, as much as it pains me to say it, I don’t believe dismantling the encampments would necessarily violate the Charter.

There are three reasons for this. First, it’s debatable whether occupations and encampments are forms of expression that the Charter protects. Second, universities might not be the type of place where the Charter applies. Finally, universities enforcing property rights might not be engaged in state action, and state action is required for the Charter to apply.

It isn’t certain whether an occupation or encampment is a form of protected expression. To determine whether it is,........

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