A rape victim who was turned away from an event for sexual assault survivors at Toronto Metropolitan University due to her anti-abortion activism has reached settlements with the school and its student union.
“(I) want to thank all of the individuals who have supported me and my family throughout the years, through your encouragement, financial support, and your prayers,” the student, Talia Battista, said in a statement.
As part of the settlement, the Toronto Metropolitan Students’ Union will repeal a controversial guideline — Operational Policy #28 — that excluded anti-abortion students from accessing campus resources, according to a press release shared exclusively with National Post.
In February 2017, Talia Battista, a second year business student at then-Ryerson University, tried to attend a “Self-Healing Through Yoga” event on campus for sexual assault survivors. Before she moved to Toronto for university, while she was attending high school in Antigua, Battista says she was in an abusive relationship when her partner allegedly raped her.
When she approached the then-Ryerson Students’ Union (RSU) to inquire about the program, she was barred from attending because of her work with Toronto Against Abortion (TAA), a pro-life group on campus. In August 2017, Battista filed a complaint with the Human Rights Tribunal of Ontario, arguing she was a victim of discrimination based on her religious beliefs.
The policy says, “No TMSU resources, space, recognition or funding will be allocated to enhance groups/individuals whose primary/sole purpose is anti-choice activities.”
“Such activities are defined as any campaigns, actions, distribution, solicitation, or lobbying efforts that seek to limit an individual’s right to choose what they can or cannot do with their own body.”
The guideline will now be replaced with “a new ‘Issues Policy’ that reflects TMSU’s strong commitment to remaining a pro-choice students’ union,” according to the press release shared by Battista.
According to the agreements, the details of the settlements must remain confidential, the press release notes, but some information, such as the policy change, can be made public. The student union also pledged to conduct “human rights training for all TMSU employees, staff, and board members,” the press release says, including instruction on “discrimination on the basis of creed and the interface between creed and an individual’s pro-life beliefs.”
The student union did not respond to the Post’s requests for comment before publication. The university declined to comment.
The press release noted that the student union denied discriminating against Battista.
TMSU denies that it discriminated against Ms. Battista or otherwise violated her human rights. It admits no liability in relation to Ms. Battista’s allegations in the Application, and further specifically and expressly denies such liability,” the press release says.
Battista refrained from commenting to the Post, citing the confidentiality of the settlement, except to say that she had filed two separate complaints against the student union and university and that they were “resolved through separate independent settlement agreements,” in December and January, respectively.
“Both the student union and the university deny all liability in relation to any allegations against them,” Battista said in an email.
TAA demonstrated regularly on campus and often drew negative interactions with union leaders, leading to counterprotests, the alleged theft of graphic posters featuring aborted fetuses and even, on one occasion, the assault of Battista’s colleague. Battista says she was subject to harassment and exclusion from campus events because of her religious beliefs. A few days before the February incident, Battista sought to attend another union-run event and was asked to leave.
“Unfortunately, since RSU does have a pro-choice stance, and a lot of the people in this space kinda feel targeted,” Battista says a union leader told her in a closed-door meeting following her expulsion from that event. “Some people just aren’t comfortable expressing their thoughts and opinions in that kind of setting.” When asked to clarify which other equity service centres she would be prohibited from accessing, the union leader said the majority of them, apart from a food bank initiative, because her presence — as a pro-life student — amounted to “an act of continuing … violence and … trauma,” according to audio recordings obtained by National Review.
Adam Sinclair, the president of the university’s TAA chapter, viewed the policy change as a meaningful step towards defending free speech on campus. Sinclair sees the repeal of Operational Policy #28 and TMSU’s commitment to including anti-discrimination training focused on creed and religious belief paving the way towards official student group recognition on campus for TAA, a status previously withheld given its anti-abortion stance.
“Over these past few years, it has been disheartening to see the school’s student union and other agencies within talking about diversity and inclusion, but to then be hostile to people with different beliefs,” he told the Post in an email. “The student union agreeing to repeal their policy banning pro-life clubs, I believe, is a huge win and a step in the right direction and aligns with the schools’ tenets of inclusion and respect.”
Blaise Alleyne, the founder of TAA and a former colleague of Battista’s, was particularly thrilled to see the retraction of Operational Policy #28. The student union’s controversial stance on anti-abortion groups had earlier been unsuccessfully challenged in the Ontario Superior Court of Justice, leading Alleyne to call Battista’s settlement “a big win.”
“By taking a stand and making herself vulnerable, Talia got a pro-choice student union to repeal their policy banning pro-life clubs, and established precedent at the Human Rights Tribunal of Ontario that there is protection for pro-life beliefs.”
Prior to the settlement, in January 2023, the tribunal had ruled that Battista’s beliefs derived from “a tenet of her creed founded in the teachings of the Roman Catholic Church,” establishing a basis for her case to proceed. Battista’s attorney, Garifalia Milousis, called it “an unprecedented victory” at the time.
Battista received legal support from Freedoms Advocate, an Alberta-based charity supporting cases related to “issues of fundamental importance to the liberty and constitutional rights of Canadians.” The group was founded by Carol Crosson, who died unexpectedly before the January 2023 verdict.
“Ms. Battista … waited seven years for resolution of this case and it had a tremendous emotional impact on her life,” Randy Crosson, the current executive director of Freedoms Advocate, told the Post in a statement. “We are glad there has been a successful outcome that resolves this to her satisfaction. Universities have a moral obligation to uphold principles of fairness and justice within their communities. All students, regardless of creed and religious beliefs, should be treated equally and fairly and given the same access to supports.”