Erosion of University Autonomy: Judicial Supervision of University Conduct

Abstract

The university was once envisaged as an autonomous, self-governing institution where academic endeavours could flourish sans outside interference. It is a vision with diminishing correspondence to reality. This article explores the degree of autonomy afforded to universities when the university visitor was given a prominent role to play in adjudicating disputes in contrast to contemporary times when universities find themselves increasingly — and inconsistently — under the supervision of the judiciary. By examining university focused jurisprudence involving judicial review, civil litigation, and Canadian Charter of Rights and Freedoms challenges, the article highlights instances where universities have fallen under the scrutiny of judicial oversight, and circumstances where the courts have chosen not to intervene. The article concludes that today’s universities are subject to both public and private law as administrative decision-makers and quasi-public institutions.