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Democracy
Democracy Background
In 2024, Ms. Kishawi, a Palestinian Canadian student, participated in protest activities at Vancouver Island University (VIU) in support of the human rights of Palestinians. In 2025, VIU suspended Ms. Kishawi for two years on the grounds that she violated the University’s Student Conduct Code.
Ms. Kishawi sought judicial review of VIU’s suspension and appeal decisions at the B.C. Supreme Court arguing that the university’s decision was unreasonable, breached procedural fairness and failed to consider her s. 2(b) Charter right to freedom of expression. In December 2025, the B.C. Supreme Court issued a decision, finding there were no errors of procedural fairness or reasonableness in VIU’s decision and rejecting the argument that the Charter applies to universities. The decision did not, however, address whether the foundational values embodied in the Charter were engaged, and whether VIU was required to consider those values (the “doctrine of Charter values”) in its decision making.
Ms. Kishawi appealed this decision to the B.C. Court of Appeal.
Leave to intervene
The Human Rights Commissioner applied to the B.C. Court of Appeal for leave to intervene on Aug. 6, 2026. The Commissioner plans to focus the intervention on how administrative decision makers, including universities, must take Charter values into account when applying legislation—in particular, the values of freedom of expression and freedom of association and equality. The Commissioners’ submission will be guided by reference to relevant international human rights instruments.
Freedom of speech and assembly are essential parts of our democratic rights. Universities have an obligation to consider these values when deciding how to respond to protest activities on campus.
— Kasari Govender, B.C.’s Human Rights Commissioner
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About interventions
The Commissioner can apply to intervene in court and can intervene as a matter of right in B.C. Human Rights Tribunal cases with the potential to make a significant impact on human rights across the province. Interventions can impact how the law evolves, making them an important tool in systemic work to promote and protect human rights.
If the Commissioner’s request to intervene is approved by a court, BCOHRC provides submissions (also called legal arguments) to the judge in the case in question. These submissions are usually about how to interpret a narrow point of the law. Intervenors do not represent either side in a case; their submissions must be different from the arguments being made by the parties to the case, and submissions must not advocate for either side to win or lose.