Whether the claims by Paul Viminitz should be struck out because they fall under the exclusive jurisdiction of an arbitrator per the collective agreement.
Background:
Paul Viminitz, a professor, organized a lecture titled "How Woke-ism Threatens Academic Freedom" at the University of Lethbridge, which was canceled by the university.
Viminitz, Pickle (a student), and Widdowson (a speaker) sought judicial review, claiming the cancellation infringed their Charter rights to peaceful assembly and expression.
Legal Points:
Rule 3.68: Allows the court to strike claims if it lacks jurisdiction.
Test for Jurisdiction: Derived from the Supreme Court decision in Weber v Ontario Hydro, assessing if the dispute’s essential nature falls within the collective agreement’s ambit.
Court Findings:
The collective agreement mandates arbitration for disputes arising from its terms. The court lacks jurisdiction over Viminitz’s claims.
Viminitz’s issues relate directly to his employment terms and academic freedom under the collective agreement.
Viminitz acted as a faculty member, not as a public individual, when organizing the event through university resources.
Charter claims can be addressed by an arbitrator, as labor arbitrators can consider constitutional issues and grant appropriate remedies.
Conclusion:
The court struck out Viminitz’s claims. The University of Lethbridge is presumptively entitled to costs, pending further submissions.
