To get good insightful answers, how the question is framed matters. I missed an opportunity on Thursday
I know that the MSU Inc is constantly filing charges against me under the McMaster Student Code of Conduct as I have been ordered by McMaster University to not speak to any member of the MSU (full-time undergraduate student) without their prior written permission and that I am not to say anything about the MSU Inc.
While, I have been ignoring that order as it is a violation of my Charter Rights. Someone from the MSU Inc claimed to me on Friday in the morning that the MSU lawyer says that the University’s order can be enforced against me as the Charter only applies to the Government not private organizations like the University and it does not apply to corporations like the MSU.
Granted, it does not apply to the MSU as the MSU is a corporation.
In terms of the University, the University is using the judicial powers granted to it under the Universities Act. Further, the University is not a private organization. It is a public institution. Contrary to the belief that the University has that the University is a private organization and that the University is private property, it is not. It is a public institution charged with research and education. The land is publicly owned land designated for the purposes of the University.
Now, what does this mean. The MSU is allowed to ignore my rights (which they are doing) but that the University cannot support the MSU in doing so.
I quote the Charter Section 2:
- Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.
As such, the ban on the Movement for Democratic Reform of the MSU organizing or assembling is unconstitutional. The MSU can ban us from using MSU space or purchasing MSU services such as making posters at Design and Copy. The MSU, however, cannot ban us from putting posters up on campus. Yes, the MSU does control the University posting policy. The means the University is handing over its power to the MSU, but the use of this power cannot be in violation of the Charter. This means that we are allowed to put our posters up regardless of the MSU ban on our group.
Now, someone said a few weeks ago to me, what can you do, the University has ultimate say around here. (that was the short of it)
Simple, use Section 24 rights:
- (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.