Canadian University Law – Book Review

Sayeh Hassan and Anna S.P. Wong’s Canadian University Law is a groundbreaking guide for those involved in the resolution of legal issues raised in our nation’s post-secondary institutions, but it is much more than that. It is also a lucid and engaging introduction to some of the most complex fields of Canadian jurisprudence, including administrative law.

Those readers who are familiar with Hassan’s indispensable volume for practitioners representing clients in bail hearings will not be surprised to find that this volume is just as useful for those representing clients when academic freedom and Charter rights are at issue, and indeed other disputes where a university’s actions are challenged on either private or public law grounds. However, this book is not merely a dry and factual hornbook. Instead, it challenges the reader to consider the state of Canadian universities on the basis of its appraisal of the eroding protections that it details extensively.

The authors made the deliberate (and bold) choice to begin the book with a discussion of the most important dispute involving academic freedom at a Canadian university this century: the scandal at the University of Toronto over the abortive hiring of Dr. Valentina Azarova. The authors’ even-handed discussion of the fallout from the Azarova scandal sets the stage for the volume’s careful examination of the ambiguous legal status of Canadian universities and the web of relationships that govern their legal rights and responsibilities.

It is no small task to detail how practitioners should approach disputes involving academic freedom and the Charter rights of stakeholders when, as the authors demonstrate, the foundational rights and institutional status of various actors remain unstable, if not wholly unsettled. That being said, Canadian University Law fulfills its dual mandate of providing a solid orientation for those who represent clients in legal disputes, while at the same time illustrating the many shortcomings of doctrines that would purportedly guide litigants and provide the certainty that would promote effective and prompt settlement of their disputes.

The chapters on administrative law, the relevant dimensions of private law, and the multiple chapters discussing the history and applicability of the Canadian Charter of Rights and Freedoms are by no means only of interest to those contemplating representation of university stakeholders. Rather, they are excellent introductions to these areas of law in their own right. As is the case for every chapter, the jurisprudence is detailed extensively and with footnotes (rather than endnotes) which simplifies following up on these citations. Complex lines of jurisprudential development in these areas are explained in a clear and concise manner, making this of interest to students and practitioners.

The final substantive chapter, which discusses the Charter rights to freedom of religion, assembly, and association in the context of universities, showcases the authors’ extensive experience in these areas and their sensitivity to the importance of the ability to vindicate these rights (which, unfortunately, remains limited in this context). Once again, the authors do not hesitate to draw normative conclusions, which given the extensive coverage of these issues provided, are clearly well-motivated and warranted.

The volume's scholarly merit is evident in its early reception, including a foreword by Professor Kent Roach of the University of Toronto Faculty of Law, which contextualizes the work and underscores its contribution to the literature. Roach's endorsement highlights the need for unequivocal Charter application to universities, a call that warrants further scholarly engagement. It can only be hoped that other scholars will take his message to heart about the importance of subjecting universities unambiguously to the Charter.

In summary, this timely publication is indispensable for practitioners in the field and recommended for those seeking insight into the challenges confronting legal advocates in securing justice for students and faculty. Both audiences will benefit from the authors' lucid exposition of intricate matters and their advocacy for necessary doctrinal advancements. The legal community as a whole owes the authors a debt of gratitude for their efforts in explaining these complex issues so clearly, and for taking a clear stand in favour of long-overdue jurisprudential developments.