A group of professors and a graduate student at the University of British Columbia (UBC) have filed a lawsuit against the university. They allege that its institutional practices—such as Indigenous land acknowledgments, equity, diversity, and inclusion (EDI) hiring requirements, and political statements on global issues—are infringing on academic freedom and violating the University Act.

This lawsuit has sparked a wave of condemnation from Indigenous leaders and underlines some of the ongoing tensions within the university as well as the wider community.

In their petition to the court, the lawyer for professors Brad Epperly, Andrew Irvine, Chris Kam, Michael Treschow, and graduate student Nathan Cockram, argues that universities must be ‘non-sectarian’ and ‘non-political.’ Faculty and students have a right ‘to pursue the evidence where it leads, to study, research, write, publish and teach without administrative interference and to engage in political discourse.”

Land Acknowledgements 

The plaintiffs allege that land acknowledgments, stating UBC Vancouver’s campus is on the unceded territory of the Musqueam peoples and the Okanagan campus (UBCO) is on the unceded territory of the Okanagan peoples, are a violation of this freedom. They are ‘political statements’ that imply ‘the territory of Canada is ’stolen land’ and the speaker does not recognize ‘Canada as a lawful or legitimate state.’

“Students and faculty are not given an opportunity to object to, or disagree, or argue against the declaration that the lands are unceded.”

To which Grand Chief Stewart Phillip, President of the Union of BC Indian Cheifs (UBCIC) responded,“The statement that ‘UBC lands are on unceded Indigenous territory’ is not political – it is a fact.”

The Westbank First Nation issued a press release praising UBC Okanagan ‘as an exemplary model for how academic institutions can meaningfully honor Indigenous peoples and their land.” However they are concerned about the lawsuit. 

“The petitioners argue that these actions stifle academic freedom, yet it is clear to us that their claims veiled under the banner of ‘academic freedom’ are, in fact, a thinly disguised attempt to perpetuate harmful rhetoric rooted in racism, bigotry, and historical denialism.”

Taking Political Positions in the Gaza Conflict

The petitioners claim that  UBC has made ‘nakedly political’ resolutions pertaining to the conflict in Gaza: 

On April 24, 2024, the Okanagan Senate (composed of faculty and students at UBCO) issued a statement that it: 

• condemns the perpetration of genocide, and the violation of international laws pertaining to human rights; in this case the occupation, siege, and invasion of Gaza by the state of Israel;
• condemns the violent attack on Israeli nationals and Jewish persons undertaken by Hamas on 7 October 2023;
• Supports all those who peacefully oppose this war, including those in Israel who have gone to the streets at great personal risk to protest the invasion.

In February 2024 the Faculty of Creative and Critical studies at UBC passed a resolution condemning the ‘scholasticide’ allegedly being carried out in Gaza. They also condemned the ‘discriminatory and recriminatory actions taken by Israeli universities against Palestinians and Israelis who have criticized the war in Gaza.’

The petitioners are seeking an order to have both of these declarations retracted. 

On the surface, this seems to be in line with what the President of UBC recently told a group of pro-Palestinain students. Essentially: there is a wide range of opinions on campus and the university must remain neutral. 

Some argue that UBC’s quest for neutrality has gone too far. The UBC Faculty for Palestine and UBC Chapter of the Jewish Faculty Network both protested the dismissal of a professor who was teaching about the ‘genocide’ in Gaza. A Jewish student told PressProgress, “The culture within the school is that nobody’s allowed to say anything that might possibly offend somebody who doesn’t want to hear about the genocidal atrocities happening.”

Embracing EDI Beliefs and Values 

The Plaintiff’s third complaint is about UBC’s requirement that applicants for faculty positions embrace EDI (equity, diversity and inclusion) beliefs and values.

They cited a 2024 UBC Department of Psychology job advertisement that stated:

“The Department of Psychology is committed to advancing diversity, equity, and inclusion, and advancing Indigenous priorities in accordance with a 5- year strategic growth and hiring plan. As one part of the initiative, we are committed to the ongoing hiring of new faculty members who share a commitment to our departmental values of equity, diversity, inclusion, and justice, including expanding our departmental diversity in the broadest sense.”

Similarly, a 2024 UBC Okanagan advertisement for a Civil Engineering position stated, “We believe that equity, diversity, inclusion, and Indigenous reconciliation support these values, and so we foster them in our students, staff, and faculty. As such, applicants for our positions must strongly commit to these values.”

The Plaintiffs argue that to impose EDI hiring requirements is to require faculty applicants to expressly commit to a set of specific political beliefs as a condition of employment.

The Canadian Constitution Foundation (CCF) issued a press release in their support, claiming UBC’s administration must remain non-political to allow for its students and professors to have academic freedom.

Josh Dehaas, counsel with CCF, said, “As soon as the administration takes a position on EDI, on the legitimacy of Canada’s sovereignty over lands, or the Israel-Palestinian conflict, its professors and students are no longer free to inquire into or express themselves on these topics.”

Responses to the Lawsuit

Liza Hughes of the BC Liberties Association described this lawsuit as a step backward, “Acknowledging that you are on unceded land is no more political than refusing to do so. Muzzling faculty will not advance academic freedom. Claiming that EDI values are ‘political,’ while other value-laden concepts like academic freedom are not, is nonsensical.”  

Emmett McFarlane, from the University of Waterloo wrote, “While political, it is emphatically not inappropriate – let alone illegal – for a university to exercise its institutional voice to defend the free expression and academic freedom of its members, to recognize its institutional existence on unceded territory, or to adopt EDI policies as an employer.”

Matthew Ramsey, UBC’s Director of University Affairs, stated, “The university is aware of the petition and will be reviewing it in the coming days. Given it is before the courts we have no other comment at this time.”

Top image credit: Aerial view loooking towards UBC – Photo by kcxd via Flicker (CC BY SA 2.0)

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