Four Years In The Making: Why The SPFA Is Still Relevant Today

Heidi Lee/J-Source

Four years ago, after facing unjust censorship, two editors from The Griffins’ Nest drafted the Student Press Freedom Act (SPFA) — Canada’s first student journalism protection legislation.

In May 2021, former Editor-in-Chief Spencer Izen and Managing Editor Jessica Kim were outright forbidden by their school administration from publishing an article. The piece highlighted the Vancouver School Board’s (VSB) lack of transparency and disregard for stakeholder opinions when determining district operations. Over one hundred students across the district and a dozen teachers had provided The Nest with their opinions on VSB policy-making.

Many students and teachers were frustrated by the decision. To gain more insight about the publication ban, The Nest decided to reach out to the VSB Communications Department for comment. Although the VSB did provide a comment, they also ended up secretly forwarding their response to the school principal. 

The Nest was then spoken to by the then-vice principal, who explained that their article required the principal’s “blessing” before being published. They also deemed other articles too problematic to publish, including one delving into the negative experiences of substitute teachers and another investigating the construction of the new school building. 

Faced with unjust censorship — a blatant breach of their Canadian Charter rights to freedom of expression and freedom of the press  — Izen and Kim fought back against the school administration. Following advice from their teacher sponsor, the students wrote a letter to the British Columbia Civil Liberties Association (BCCLA). 

A day later, The Nest was sent a formal letter from the school ordering them to stop printing the entire newspaper. 

From there, The Nest gained the support of the BCCLA, as well as the Canadian Youth Journalism Project and the Canadian Association of Journalists (CAJ). With their assistance, the students were able to publish the article in its entirety. 

The Nest’s story of censorship garnered large media attention, with news outlets like The Globe and Mail, the CBC, The Vancouver Sun, and The Tyee highlighting the injustice. 

Izen and Kim were given a taste of what student journalists continuously experience and wanted to ensure no student publications in BC would ever encounter unjust censorship again. With the help of pro-bono lawyers, various professors, and freedom-of-information advocates, they drafted the SPFA in June 2021, which would enshrine the legal rights of student journalists. 

The five-page Act outlines guidelines for student journalists, administration, and school board members, stemming from the complications that The Nest experienced related to the publication of certain articles. While there are media laws present in Canada, there are none that pertain specifically to student journalism. 

The SPFA was drafted with the Canadian Charter in mind — specifically section 2(b), which encompasses the freedom of expression and freedom of the press. However, the Charter does not specifically outline these freedoms for student journalists, and in the case of Izen and Kim, they were not interpreted to also extend to younger members of the journalism community. 

Some of the most significant sections of the Act pertain directly to Izen and Kim’s situation, but also aim to protect and serve student journalists across the province who may run into similar obstacles. Much of the Act invokes the same language as the Charter, specifically Section 5(1) which states that “student journalism is protected by freedom of expression and freedom of the press.”

Although most of the Act sets guidelines in defence of student journalists, it’s important to mention that it highlights the limits to a free student press and the recommendations for the conduct of student journalism. Section 6 of the Act states that “no teacher or school official may limit the rights referred to in Section 5(1),” excluding situations where the content of the reporting violates moral, legal, or privacy guidelines.

Additionally, under Section 8(1) of the Act, the administration of a school may request the divulgence of certain sources or documents. This may only happen if they meet a set of specific criteria aiming to protect student journalists from “unreasonable search or seizure of their confidential documents or information and journalistic sources by teachers and school officials.”

One of the most pertinent sections of the Act highlights the differences between high school-aged journalists and professional journalists. While professional journalists are hindered by the restrictions of their institutions, student journalists run the risk of receiving unjust punishment from an administration if they report on or publish an article that a school governing body disagrees with. In Izen and Kim’s case, the administration did not attempt to take disciplinary measures against them. However, the two preemptively added Section 16 as a safeguard for both students and the teacher sponsors involved in the publication. 

Izen and Kim co-wrote the Act in June 2021, and four years have since passed. BC Premier David Eby has voiced support for the idea, and yet, the provincial government has taken zero tangible action to pass it into law.

In February 2022, a draft of the proposed law was sent to Eby’s office, who was then serving as BC’s attorney general. At the time, Kim and Izen were eager to have the Act passed into law before June 2022 and meet with Eby soon after.

“My ministry believes in the importance of a free and robust fourth estate, including at the high school level,” Eby said in a statement after his meeting with The Nest’s editors in April 2022.

But during their private meeting, Eby said the Act was not a priority for his government, according to The Vancouver Sun, and explained that passing new legislation requires a lengthy process. 

Still, a second statement claimed that Eby held a “productive meeting” with the student journalists and that a meeting with the province’s ombudsperson was being planned “to discuss the challenges student journalists across BC face and how they can work together to address them.”

However, Izen and Kim say submitting a complaint to the ombudsperson is a “reactionary” measure that should only be relied upon until their proposed law is passed. After that, it should no longer be prioritized in cases like these, as a real legal framework will exist. 

“While not an advocate, the ombudsperson can conduct impartial and confidential investigations to determine if a public agency is being fair to the people it serves,” reads a BC government website. Regardless, the legal vacuum surrounding student journalism in Canada prevents any sustained meaningful action on the issue — the ombudsperson’s definition of what’s “fair” is determined by relevant legislation, which is severely lacking in BC. 

The SPFA is also unopposed. Its key stakeholders — namely the BC Teachers’ Federation and the BC Principals’ & Vice-Principals’ Association — do not publicly oppose the legislation.

Conversely, the Act is widely supported by lawyers, civil liberties advocates, and journalism experts. Over ten such professionals support the SPFA, and helped draft the act. The SPFA has also secured endorsements from the Canadian Association of Journalists, the BC Civil Liberties Association, the Canadian Civil Liberties Association, and the Student Press Law Center, among several other institutions.

While Eby has shown support for the Act in both his time as Attorney General and Premier, there has been no action taken in recent years to implement it into legislation. As BC drags its feet, states across the US — blue and red alike — are implementing student press freedom legislation, dubbed New Voices laws. In a 1988 decision, the US Supreme Court allowed public schools to exercise “editorial control” over student publications under the guise of “​​legitimate pedagogical concerns.” 

Since then, New Voices laws have been passed in 18 states, including North Dakota, Arkansas, and West Virginia, guaranteeing student journalists in public schools the right to unrestricted freedom of speech. New Voices laws have also been introduced in eight additional states.

The fact that North Dakota — where Trump won two-thirds of the popular vote in 2024 — protects its student journalists with New Voices demonstrates the fundamental nature of securing free speech in schools. 

After four years, the Act is still a critical piece of legislation — something this newspaper can attest to firsthand. The Nest aims to be an impartial and independent news source for our school community, but we often run into roadblocks. These disputes, and general grey areas, could be clarified by the implementation of the Act. It would change the limitations we currently work under, and offer an easier path for us when it comes to training and equipping our reporters. As a student newspaper, we need all the help we can get. This support from the provincial government would allow us to truly report without fear or favour, without having to worry about uncalled repercussions. 

Freedom of the press is constantly challenged, and there are limits to what newspapers like ours can do alone. We will continue to fight for and stand up for what we believe in, but we need legislation to back us. The provincial government has the power to enshrine the rights of student press freedom, benefiting students and communities across the province. It should not be a question of “if” the province takes this vital step, but “when.” We are constantly at a critical juncture because the future of free speech is never guaranteed. At all levels, journalism is crucial. 

Four years after the Act was drafted, The Nest hasn’t given up. Why should the provincial government?