Manitoba judge orders new university hearing for medical student expelled for pro-gun, pro-life posts

A provincial judge has found the University of Manitoba biased in its decision to expel a medical student who posted controversial views on guns and abortion, and has ordered a new adjudication that considers the student’s Charter rights to freedom of expression. Rafael Zaki, a Coptic Orthodox student who immigrated to Canada from Egypt over concerns with freedom of religion, will now get his case referred back to a new university panel which must ensure Charter rights are respected and effectively address concerns of bias, the National Post reported. Ken Champagne, the provincial judge in the case, called the university’s decision to expel Zaki “incorrect and unreasonable” and ruled that “the decision is quashed.” Zaki, who was supposed to graduate in 2022, was expelled in August 2019, about five months after posting three items on his Facebook page. Two of these posts were about American’s right to bear arms. The third was a lengthy essay about abortion, entitled “Refuting the ‘Final Solution’ for Undocumened Infants: A Reconciliatory Formula.” Zaki argued in this essay that a doctor who provides an abortion should be charged with first degree murder. He also labelled mandatory referrals to a doctor who provides abortion services as “forced labour.” After receiving 18 anonymous complaints about the posts, the university called Zaki in for meetings with top faculty members. Zaki agreed the posts were unprofessional and drafted five letters of apology. The university found all five letters unsatisfactory. Read: When the medical student shouldn't fail After losing two appeals within the university system, Zaki took his case to Manitoba’s Court of Queen’s Bench, arguing that he was expelled “for holding conscientious and religious beliefs that abortion is harmful.” The university defended its position, saying Zaki was expelled for failing to reach the standard for professional behaviour and attitudes that students must achieve to become doctors. The University Discipline Committee, the final appeal within the university, found Zaki’s posts to be misogynistic and had a negative impact on the learning environment, Champagne wrote in his decision. While Champagne found the process was largely fair, he identified bias in the role played by Dr. Ira Ripstein—the university’s associate dean of undergraduate medical education—who was involved in the medical college’s decision to expel Zaki and in the final decision to affirm the expulsion. “(Zaki) describes Dr. Ripstein as serving multiple roles including investigator, prosecutor and judge. That is a fair description,” Champagne wrote. When Zaki entered the appeals process, Ripstein wrote a “lengthy, comprehensive and powerful written submission” to the next committee, arguing in favour of expulsion, and saying that “views based on misogyny and hate cannot be accommodated or condoned by the (medical school) program.” The committee dismissed Zaki’s appeal. When the appeal went to the top committee at the university, the judge says, it “embraced the written submission of Dr. Ripstein.” “Dr. Ripstein played a central role in the expulsion of the applicant,” the judge concluded. “Failure to examine and address his role and the reasonable apprehension of bias is a serious shortcoming.” Read: Doctors, medical students sound off on twitter about 'sexist' scrubs ad

Manitoba judge orders new university hearing for medical student expelled for pro-gun, pro-life posts

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