The exercise just concluded by the University of Ottawa (UO) on the concept of academic freedom in a context where the very act of teaching can be “offensive” will be most useful to anyone who delves into the report. produced by former Supreme Court justice Michel Bastarache. Its committee brilliantly concluded a tightrope walk number: around the very principle of the free flow of ideas, nothing should justify institutional censorship or even self-censorship within university walls.
UO’s rector, Jacques Frémont, had no choice but to seek advice from a committee of wise men after two controversies that plunged his university into a cascade of ill-informed decisions: it is sure of the cases Verushka Lieutenant-Duval (use of the word in n in a context of teaching by a lecturer) and Amir Attaran (this professor who accused Quebecers of being racist in a vitriolic exchange broadcast on Twitter). Criticized from all sides for a clumsy management devoid of bravery, the rector did what was necessary to succeed in rising in a crisis situation: to address himself more enlightened than himself.
The Bastarache committee followed the essential steps required by this analysis, with the goal both simple and complex: to create on the campus of the UO a work and study climate serene and respectful of university freedom and freedom of expression. He revisited definitions of academic freedom, a difficult task. He reviewed the basis of case law governing the notion of freedom of expression in a context close to education. He consulted with various groups in the university community who may have a say in the matter. He received a hundred submissions and comments. He has extended his gaze to similar crises in other universities and has drawn inspiration from existing solutions.
Beyond a one-off crisis management – on which the report does not cover at all in a concrete way, which is perhaps one of the great disappointments of this analysis -, what the Bastarache committee had to do. attacking was neither more nor less than a change of culture. These are usually the toughest challenges. The testimonies heard by the committee reflect a campus in question: students from minorities claiming to be victims of racism, lecturers and professors with guardianship ideas. But no matter what position you occupy on campus, there is this feeling shared by all of us that we now have to walk on eggshells.
The hindsight enjoyed by the members of the committee in dealing with the important differences of opinion they had to contend with led to some inspiring conclusions. Apart from the emotionality linked to too recent events, some important reminders have emerged. What exactly is academic freedom? The free flow of ideas, knowledge and diverse opinions, which should be encouraged rather than restricted. Universities should be “bulwarks against conventional opinions and preconceived ideas”. However, this freeway of free speech should not be a pass for discrimination and insult. The rest of the reasoning is crucial: there is no right not to be offended in class. The committee concludes with a resounding plea against anything that could amount to censorship or even self-censorship, with professors confiding a disturbing tendency to refrain from speaking on certain subjects for fear of reprisals. We agree with this conclusion.
To use the expression of the rector of Université Laval, Sophie D’Amours, university freedom must still be exercised with “skill”. For all the university establishments which will have immersed themselves with curiosity in this report, the recommendation to create a permanent committee in charge of handling complaints and contentious situations will undoubtedly resonate with force. They should also start with an exercise in definitions and clarifications of the important but potentially catch-all concepts of academic freedom and freedom of expression. They would also benefit from sounding out their troops: allowing students, professors and members of the university community to speak out on this ongoing cultural change can only be beneficial.
The independent group mandated by Quebec to probe this crucial issue is preparing to deliver its conclusions. The Bastarache report is already full of inspiring avenues for the universities of Quebec.