Political
Correctness Is Illegal, Say These Professors Suing Their University
A group of academics at the University of British Columbia say the school’s D.E.I. (diversity-equity-inclusion) policies and practices, which include land acknowledgments, violate a law that requires universities to be “nonpolitical.”
Article by Pranav Baskar Feb. 19, 2026
New York Times
Job
candidates required to describe how they would advance “decolonization.” A video that suggests starting meetings by
identifying oneself as a “settler” on unceded native lands. A political scientist who says he was
instructed to teach game theory “from an Indigenous perspective.”
Each,
a practice at the University of British Columbia, is now evidence in a lawsuit
brought against the school by a group of professors who claim such
social-justice efforts violate a provincial law requiring universities to stay
out of politics.
The
suit, filed last spring and currently under review by the Supreme Court of
British Columbia, has set off a major legal and cultural battle at one of
Canada’s top universities, in which each side accuses the other of trying to
push an activist political agenda in the name of free speech. The suit raises important questions about when
public speech in a democratic society is political.
The
professors who petitioned the court say the university’s measures promote a
campus culture that punishes contrarian ideas and pressures academics to
endorse progressive political positions with which they may disagree. They seek to ban the university from a broad
range of actions that include requiring job applicants to commit to diversity
principles; and the making of so-called land acknowledgments, ceremonial
statements which often precede public events and that note Canada is the
ancestral land of Indigenous people.
The
professors’ case hinges on a decades-old provincial law, called the University
Act, which mandates that universities be “non-sectarian and nonpolitical in
principle.” But the law does little to
clarify the bigger question before the court: What counts as political?
“In
recent years, university administrators have given in to the calls to take
political positions,” said Josh Dehaas, a lawyer for the Canadian Constitution
Foundation, a libertarian organization, who is representing the professors
suing the university. “In this
particular era, the pressure they have given into is often progressive causes.”
Before 2020, he added, an accomplished
academic did not need “to commit to D.E.I. principles to become a professor at
U.B.C.”
In
a brief submitted to the court, the university argued the professors have not
shown proof of harm to their careers or liberties, and denied that either land
acknowledgments or D.E.I. policies constitute “political activity” under the
law.
Land
acknowledgments, the university says, reflect a “legal fact” rather than a
political belief — the property occupied by the university was never ceded via
treaty by the original Indigenous occupants. Furthermore, it says, no one on campus is
mandated to make such pronouncements.
The
university also says written statements by job applicants about their
commitments to D.E.I. are not used as “screening tools.” However, it adds, those statements can be used
to disqualify a candidate who fails to uphold its principles.
The
four professors bringing the suit have years of teaching experience at the
university and include instructors of philosophy, political science and
English. In hundreds of pages of affidavit material, the group portrays a
university climate in which speaking out against left-wing positions risks
professional consequences.
“When
people in charge of the hiring, firing, and promotions are taking any side,
that infringes on academic freedom,” said Mr. Dehaas, their lawyer. “The pressures are so strong that they become
de facto mandatory.”
The
university has long been at the forefront of the movement to support the
inherent rights of Canada’s Indigenous people. The Vancouver campus is home to the Xwi7xwa
Library for Indigenous studies, which according to the school’s website is
“located on the traditional, ancestral, unceded territory of the hən̓q̓əmin̓əm̓
speaking xʷməθkʷəy̓əm (Musqueam) people.”
Of
the university’s 72,692 students across two campuses in Vancouver and Okanagan,
2,500 identify as Indigenous, according to the academy’s latest enrollment
report. And the leaders of another local
tribe, the Sylix nation, condemned the lawsuit as regressive and insulting.
Andrew
Irvine, a philosophy professor at the university’s Okanagan campus, who is
among those suing the school, has in his public writings about academic freedom
taken positions that critics say trivializes the history of Indigenous people
and racism.
In
response to such criticism Professor Irvine wrote in a National Post article
that the response from Indigenous groups mischaracterized his position. He said the professors take no view on land
acknowledgments other than that they are political in nature, and that “our
case in no way attempts to override or diminish Indigenous rights.” The campus is divided — unsurprisingly, the
professors who brought the suit might say — along political lines.


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