After a two year Freedom of Information battle with McMaster University the Hamilton Spectator successfully obtained a copy of President Peter George's multi-million dollar contract. Mac took the position it was immune from disclosure claiming that unlike other publicly funded bodies universities are autonomous of government and its officials are not public servants. The Information and Privacy Commissioner said under FOI legislation "universities are subject to the same degree of transparency and accountability as other government institutions." Mac threatened, but later abandoned, a judicial review and complied with the IPC ruling. Continue reading
 

Trent president Bonnie Patterson received more than $326K combined salary and taxable benefits in 2007, an increase of more than $17,000 or 5.5%, over 2006. Patterson has been president for 9.5 years, having arrived at Trent in July 1998, and will complete her final term in June 2009. Trent administrators recently announced a $10.5 million deficit. Continue reading
 

On September 26 and 27 a Hearing will be held under the Dominion Water Power Act to "hear concerns over the proposed hydroelectric development at Locks 22 and 23 on the Trent-Severn Waterway National Historic Site of Canada". We are told it has been more than 50 years since the last such hearing in Ontario. On top of that the Panel on the Future of the Trent Severn Waterway has just completed its public consultation meetings, although written submissions may still be made until the end of the month. If you wish to inform yourself of some of the issues regarding the development here are some references. Continue reading
 

Does the following excerpt  from the description of Daniel S. Greenberg's book "Science for Sale: The Perils, Rewards, and Delusions of Campus Capitalism" seem all too familiar? "In recent years the news media have been awash in stories about increasingly close ties between college campuses and multimillion-dollar corporations. Our nation’s universities, the story goes, reap enormous windfalls patenting products of scientific research that have been primarily funded by taxpayers. Meanwhile, hoping for new streams of revenue from their innovations, the same universities are allowing their research - and their very principles - to become compromised by quests for profit... " Continue reading
 

Professor George Nader’s academic freedom was infringed by the imposition of the Trent University administration’s reprimands in 2000 and by a subsequent and consequent refusal to reappoint him as principal of Peter Robinson College according to a CAUT report. "There can be no doubt his was an academic position, that advocacy was a part of his responsibility, and that he suffered negative consequences for the exercise of his right to speak out. ... In the circumstances, we consider that the university administration should apologize to Nader for infringing his academic freedom. We leave it to CAUT to consider whether sanctions against Trent University should be taken if an apology is not forthcoming." Continue reading
 

Daniel Freeman-Maloy has settled his legal action against York University and its president, Lorna Marsden, for misfeasance in public office, libel and breach of academic freedom. The Supreme Court of Canada refused to hear the university's appeal clearing the way for the case to proceed. The out-of-court agreement means the issues the case raised will remain untested in the courts. Interestingly the settlement comes as Marsden is preparing to leave her post. Continue reading
 

David Mahy, Trent University's controversial Associate Vice President of Human Resources, is rumoured to have submitted his resignation effective April 30, 2007. Mahy commenced his tenure at Trent on September 11, 2000, just 6 months after Mahy's previous employer, where he was Director of Employee Services, lost a significant claim brought against them for wrongful dismissal. In Prinzo v. Baycrest Centre for Geriatric Care, the behaviour of the employer was "aggressive enough to fit into the tort of intentional inflection of mental suffering." Last year Trent paid Mahy in excess of $122,000. Stephanie Williams, Trent's current Manager of Labour Relations, is rumoured to be succeeding Mahy.

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The Transparency in Public Matters Act 2006 (Bill 142) received 1st reading on Tuesday October 3. Described as "An Act to require that meetings of provincial and municipal boards, commissions and other public bodies be open to the public", it was introduced by MPP Kim Craitor as a private member's bill. In its current form it is essentially identical to the first reading of Bill 123 (2004) but expands the scope of bodies subject to the Act. Universities are indeed included as they were in at 1st reading of Bill 123 - before they were removed under pressure from lobbying efforts of the Council of Ontario Universities (COU). The Act will require additional work to meet the recommendations of the Ontario Information and Privacy Commissioner (IPC) to assure advance notice of meetings are widely published and to prevent last minute changes to agendas without adequately alerting the public. The bill still faces many hurdles to become law. Continue reading
 

Under pressure from the greater Peterborough community and the Architectural Conservancy of Ontario, Trent University has agreed not to demolish the historic building known locally as "The Commoner", at least for the time being. Vice President Don O’Leary is on record saying "the demolition is postponed indefinitely," and for this is lauded by the Conservancy. O'Leary casts doubt on Trent's commitment to the building's future adding "the university will take its time to make a final decision." So the reprieve, though welcome, is temporary. Apparently O'Leary questions the historic value of the building, in spite of the Conservancy's evaluation, and relies on an architect's report alleged to say the building should be torn down. O'Leary denied the Conservancy access to that report. A 2004 report commissioned by Trent from Basterfield & Associates cites as an option "the renovation and retrofit of the old Commoner pub…into a state of the art office, retreat, and conference centre to support the goals and priorities of the New Commoner.", but no mention is made of demolition as an option. The demolition had been scheduled to proceed yesterday. Continue reading
 

A strengthened and more encompassing version of the Transparency in Public Matters Act of 2005 (Bill 123) will be introduced in the Ontario Legislative Assembly by Niagara Falls MPP Kim Craitor next Tuesday. The intent of the Act is to let the public know what's going on behind closed doors by requiring meetings to be open unless dealing with narrow and specific exclusions, and to publish clear and detailed minutes. The previous version of the Act had been watered down and, under pressure from the Council of Ontario Universities (COU), excluded universities. That version was subsequently withdrawn when its proponent, Caroline Di Cocco, became Minister of Culture last April. Craitor’s revamped Bill will subject universities to the full scope of the Act and include other publicly funded bodies that had been excluded by amendment or omission. Continue reading
 

Provincial legislation requiring meetings of public bodies to be open to the public and other transparency measures, is officially dead. After being watered down under pressure from the Council of Ontario Universities (COU) the Transparency In Public Matters Act (Bill 123) was withdrawn when Ontario Liberal MPP Caroline Di Cocco was jettisoned into cabinet last April. Liberal MPP Kim Craitor promised to champion an improved and strengthened version of Bill 123 but Craitor has failed to do so or even mention it in a recent statement of his priorities. It is unlikely the bill will resurface as a private members' bill or in government sponsored legislation. Premier Dalton McGuinty has effectively confirmed Bill 123 is dead. Di Cocco has become an apologist for the Liberal government's lack of action on transparency and the killing of Bill 123 through her appointment to cabinet. "Politicians that become ministers become easily seduced by the attractions of secrecy," according to John Reid, the Federal Information Commissioner. Continue reading
 

Maclean's has filed Freedom of Information requests with Trent University seeking previously available information Trent President Bonnie Patterson now says will not be released to Maclean's. Twenty-one other publicly funded Canadian universities that refused to provide Maclean's with data have been similarly served in provinces where they are subject to Freedom of Information and Protection of Privacy Acts. "As public institutions, universities have the responsibility to make this information publicly available," says Tony Keller, Maclean's managing editor, special projects. Patterson has always been quick to cite favourable Maclean's ratings but on August 30 2006 announced that Trent would not participate in this year's Maclean's survey. Trent's Maclean's ratings have fallen in recent years. Last October Patterson began a two-year term as chair of the Association of Universities and Colleges of Canada (AUCC), the lobby group for Canadian universities. Continue reading
 

When York University hired Lorna Marsden to be president, the board knew she was a director of Manulife Financial who, like every shareholder, receives direct benefit when Manulife profits through business activities, like the affinity arrangement with York. Marsden's position with Manulife was disclosed to the board "and consent given to her continuing in that capacity." said Harriet Lewis, York's Secretary & General Counsel, in her letter to Professor David Noble dated June 8, 2006. Lewis takes the position that Marsden "has not received any personal benefit" from the York-Manulife arrangement. But Manulife pursues business arrangements for profit, which directly affects the value of shares and remuneration for board members (Marsden's shares were valued at more than $1.8 million on March 15, 2006 and she received almost $130,000 in direct remuneration last year). How ironic it is that on the same day as Lewis' letter York announced it was bestowing an Honorary Doctor of Laws on Dominic D'Alessandro, the president and chief executive officer of Manulife Financial! As if we needed additional appearances of conflict of interest involving Marsden's relationship with Manulife. Continue reading
 

Starting today (June 10, 2006) the Ontario universities must comply with the Ontario Freedom of Information and Protection of Privacy Act (FIPPA). Like other public bodies subject to the scope of the Act universities must respond to FOI requests within set timelines. A decision by a university to refuse to release records in whole or part may be appealed to the Privacy Commissioner, not, as has been the case in the past, the university president who may have refused the request in the first instance. This is one small but welcome step towards bringing transparency and accountability to our publicly funded universities which have managed to avoid both so far. The public may now rely upon legislation to obtain information rather than the caprice of university presidents and administrators. Continue reading
 

The Ontario government has withdrawn proposed legislation that would have required designated public bodies to give reasonable notice of their meetings to the public and ensure that the meetings are open to the public. Trent President Bonnie Patterson inadvertently spilled the beans that the Council of Ontario Universities (COU) was lobbying MPP Caroline Di Cocco to exclude universities from the scope of the her private members' Bill 123, 2004 (Transparency In Public Matters Act). Despite the analysis of the Ontario Information and Privacy Commission (IPC) that the scope of institutions subject to the bill was too narrow, Di Cocco acquiesced to pressure from the powerful COU and put forward amendments to exempt universities. The order for the bill's third reading was discharged and the Bill 123, 2004 was withdrawn by Order of the House dated April 18, 2006, some 13 days after Di Cocco was appointed Minister of Culture. Continue reading
 

York university has a deal with Manulife Financial to flog its products to York alumni. Among other things Manulife gets the York alumni mailing list, York stationary and the endorsement of the Executive Director of York's Alumni Association and Advancement, Naguib Gouda (a former Vice President at Manulife). More interesting is that York president Lorna Marsden has been on the Manulife board since 1995. Manulife paid Marsden almost $130K in 2005. Marsden's Manulife stock holdings are presently worth over $1.8 million. Gouda reports directly to president Marsden, and both are board members of the York University Alumni Association which authorized the York-Manulife deal. With so glaring an appearance of conflict of interest it is no wonder that Ontario Ombudsman André Marin recently announced that he wants any public or private body that gets provincial money to deliver services to be subject to his oversight - including universities which are currently outside his mandate. Continue reading
 

Should a publicly funded university be able to squirrel away financial records, funding agreements or various other bits of information in a corporate entity under its direct control? Should such a corporation be a shield against Freedom of Information legislation? That is exactly the matter before B.C.'s Privacy Commissioner. The provinces three largest universities have argued the public should not have access to the financial dealings of Simon Fraser University's spinoff companies. CAUT and the B.C. Freedom of Information and Privacy Association have argued for release of the information. The issue is particularly poignant just months before Freedom of Information legislation is to be extended to cover Ontario's universities and as Trent University actively contemplates creating a corporation to manage its endowment lands. Continue reading
 

The Court of Appeal for Ontario has unanimously ruled that York University president Lorna Marsden may indeed be sued for "misfeasance in public office". The court considers the university president occupies a statutory office and is subject to the regime of public law. The ruling overturns an earlier decision by the Supreme Court which prevented York student Daniel Freeman-Maloy from suing Marsden for misfeasance in public office. The ruling is important not only for Freeman-Maloy but for transparency and accountability in university governance. It is perhaps the strongest indication yet that university presidents cannot act as if they are above the law. Predictably the Council of Ontario Universities (COU) is upset by the decision. Continue reading
 

Ontario's Liberal government is keeping secret key accountability agreements it requires universities to sign in order to secure funding, according to a press release from the Ontario Confederation of University Faculty Associations (OCUFA). McGuinty's liberals have received praise for agreeing to extend the provincial Freedom of Information and Protection of Privacy Act (FOIPPA) to cover universities (commencing June 10, 2006). But they have also earned public scorn based on their record of a long list of broken promises commencing from the moment they took office. The government's refusal to release agreements with the universities to the public flies in the face of their supposed commitment to transparency and accountability strategies. When it comes to dealing with universities we are not surprised that the government continues to keep the public in the dark. We suspect university administrators are chortling with glee - behind closed doors. Continue reading
 

On June 10, 2006 Ontario's universities must be in compliance with the provincial Freedom of Information and Protection of Privacy Act (FOIPPA). Bill 197, which contains amendments to bring universities under the Act, specifies compliance commences six months after the bill receives royal assent, which it did on December 12, 2005. David Noble, a professor at York University, was informed by Ontario's Management Board Secretariat that the effective date for universities to comply will be June 10, 2006. While we expect managers of our publicly funded universities will attempt to develop strategies to avoid disclosure, FOIPPA imposes a regime of disclosure and avenues to appeal denials that cannot be circumvented. "It's a new ball game. Universities have been forced, kicking and screaming, a step closer to accountability," said Noble. Continue reading
 

The federal Canadian Foundation for Innovation (CFI) hands out millions of dollars to universities. The problem is that CFI is not accountable to the public for its spending because it not subject to federal Access to Information legislation. In her new capacity as chair of the Association of Universities and Colleges of Canada (AUCC) Bonnie Patterson makes a plug to all political parties for more of the same. Having gussied up campuses, built corporate-friendly research facilities and embarked on branding campaigns, universities need funds for things like, well, teaching and basic research. Ah heck, what does it matter that earlier this year foundations like CFI were slammed by the Auditor General for being unaccountable for billions of taxpayer dollars - they still have cash to hand out! On the other hand when "the Auditor-General worries, Canadians have cause to worry." Continue reading
 

Queen's principal Dr. Karen Hitchcock has confirmed the Council of Ontario Universities lobbied to exempt universities from transparency legislation. The Transparency in Public Matters Act (Bill 123) would impose a regime of openness and accountability upon the decision making processes (including meetings) of publicly funded bodies, such as our Ontario universities. Hitchcock justified universities evading transparency measures with unimpressive and misleading reasoning. Queen's AMS President Ethan Rabidoux remarked "universities who say they are against the bill because they are trying to protect student information are simply using student privacy concerns as an excuse." Hitchcock offered other comments remarkably similar to that of Trent president Bonnie Patterson. We are left with the same old questions: Why are university administrators so resistant to creating a culture of openness? Why do they consistently fight measures which would require them to operate transparently? Continue reading
 

Ontario universities are facing general compliance with the Freedom of Information and Protection of Privacy Act, potentially by June 2006. The Council of Ontario Universities (COU), the universities' lobby group, has managed continued exclusion from FOI for universities. COU has justified this exemption by purporting universities self-police compliance with the spirit and purpose of the Act. Arthur, Trent's student newspaper, reported Trent president Bonnie Patterson told her board of governors compliance with FOI would impose a considerable burden of work on university administrators and represent "a significant expense item" for the budget. But wait, if the universities have been compliant all these years, as COU claims, the infrastructure and budget to formally support freedom of information legislation should already be in place, thus no new effort or budget required. Whoops, another contradiction revealed? Continue reading
 

Ontario's publicly funded universities have managed to lobby themselves an exemption from legislation designed to ensure that deliberations and meetings become more open and accessible to the public. The Transparency in Public Matters Act would have included universities but amendments to Bill 123, which proposes the act, specifically drops universities. This was explored in an earlier OurTrent article. In today's article we update various press clippings involving Bill 123, following its second reading on October 28, 2005. Continue reading
 

Outraged by Trent's plans to grab about a kilometer of the historic and scenic River Road for its own use, the local and regional community has raised considerable opposition. It appears wide spread public opposition has caused Trent to acknowledge the road grab is neither required or justified. The public has put Trent on notice that it will face active and vocal opposition in any future moves to pursue such plans. Continue reading
 

In an earlier article we asked Will the DNA Cluster deal with City impact the Trent Nature Areas? We looked at the potential of land use and ownership transfers portrayed as "Essential Components of the Memorandum of Understanding" between Trent and the City of Peterborough in February 2005. We raised concerns that, among other things, the Trent Nature Areas could be negatively impacted. The larger issue is to extract from Trent university administrators clarity and transparency regarding their overall development plans. In the absence of such transparency the full impact of potential development in and around Trent cannot be accurately assessed and evaluated. On July 4, 2005 the City passed by-law 05-146 and the Memorandum of Understanding (MOU) between the City and Trent University has been signed. In the public interest we are posting the MOU at OurTrent. Continue reading
 

Ontario Universities are going to be exempted from proposed transparency legislation requiring meetings of publicly funded bodies be open to the public. Liberal MPP Caroline Di Cocco will introduce amendments to her own private member's bill (Bill 123) that drops universities and other select public bodies from the scope of the Transparency in Public Matters Act. Bill 123 is the most recent incarnation of transparency legislation proposed by Di Cocco since 2001. When meetings of deliberation or decision-making occur, the Act requires they be open to the public and minutes be made available to the public. The Information and Privacy Commission's initial support of Bill 123 specifically noted the scope of bodies subject to the Act was too narrow. Proposing amendments to reduce the scope further is a stunning reversal for Di Cocco. It appears the lobbying efforts of Ontario universities seeking exemption have been effective. It is not without irony that we ask "Did something happen behind closed doors here?" Continue reading
 

It appears that Ontario Universities will leave no stone unturned in their efforts to remain unaccountable to the public. What is it exactly that universities have to hide? Why are they afraid of operating transparently and being subject to public scrutiny? After all, Ontario Universities are funded by the taxpayer and they receive federal taxpayer money as well. According to the Trent student newspaper Arthur, in the September 30, 2005 Trent board meeting Bonnie "Patterson expressed her hopefulness that a private members’ bill currently being discussed in the province would ultimately exempt universities from the FOIPPA." (the Freedom of Information and Protection of Privacy Act). Notwithstanding that Ontario universities are in fact exempt from FOIPPA, this report is worthy of further investigation. Continue reading
 

The board of the Peterborough Regional Health Centre (PRHC) is coming under public criticism for operating in secrecy. Hospital officials are putting together their next balanced-budget plan behind closed doors. An editorial in the local paper concisely identifies the problem: "PRHC is a public body supplying a publicly-funded service. The board has an obligation to debate its spending plans and the effect those plans have on health care in public, not huddle with the ministry behind closed doors and then announce a prescription." Another publicly-funded organization, Peterborough’s Trent University, has been repeatedly criticized for operating in secrecy without transparency or accountability. Bonnie Patterson, Trent's president, is the chair of the PRHC board. Do we see a trend? Continue reading
 

Trent's Office of Student Affairs (OSA) is proposing to establish a legal agreement with student groups that could see student groups tightly controlled by the administration. This latest proposal by the OSA comes after students successfully thwarted the implementation of a Student Code of Conduct that would have given the Director of Student Affairs the power to unilaterally interpret student misconduct and to discipline accordingly. Is this current proposal an attempt on the part of the Trent administration to revive the student code of conduct under another name? OurTrent has received and posted a draft copy of the Trent Central Student Association Support Agreement. In the spirit of transparency and accountability read it and judge for yourself.

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Always quick to shine the media spotlight on President Bonnie Patterson and itself, Trent has been uncharacteristically silent about this past weekend's "Public Symposium" billed to be attended by 130 of the world's top scientists, researchers and medical experts. Following a kick-off reception and hobnob at the Canadian Canoe Museum Thursday evening, the agenda scheduled Patterson to be the first speaker on Friday morning. Trent Chancellor and board member Dr. Roberta Bondar was to deliver the welcoming address following Patterson. Trent's efforts to inform the public in advance of the symposium appear to be limited to a scant notation in the "Upcoming Events" section of Focus Trent on September 8, 2005. That announcement conveniently left he word "public" out, provided no detail and simply pointed readers to the International Consortium on Anti-Virals (ICAV) website. Given Trent's normal predilection for publicity, one has to wonder why the silence in this case? Could this have been to deflect attention from some issues Trent would rather not have the public be informed about? Continue reading
 

Trent has a unique leadership opportunity to be the first Ontario university to implement transparent and accountable management practices and policies, and to create what Ontario Privacy Commissioner Ann Cavoukian describes as A Culture of Openness. Trent could have the honour of becoming a showcase to demonstrate that a culture of secrecy, cronyism and mediocrity have no place in the management of our publicly funded Ontario Universities. Will Trent University rise to the challenge? Can Trent rise to the challenge? Continue reading
 

A recent study has found that hiking tuition fees, as recommended by former NDP premier Bob Rae in his Postsecondary Review, would be the wrong move. To do so would disadvantage students from middle income families earning $35,000 to $75,000 a year. According to reports that would create financial barriers for Ontario families in the middle 50 per cent of the income distribution. The study, entitled "The Tuition Trap" was commissioned by the Ontario Confederation of University Faculty Associations (OCUFA). Continue reading
 

Brithish Columbia' wisely would not allow its universities to be exempted from Freedom of Information legislation. The universities tried to justify remaining unencumbered by public accountability but their arguments were soundly rejected. Ontario universities have no justification to remain exempt from Freedom of Information legislation. Here is another article explaining why. Continue reading
 

The review of York University's controversial land dealings by retired judge Edward Saunders has been released. York has characterized the review as vindication of its practices and of the actions of board member Joseph Sorbara (developer and brother of Provincial Finance Minister Greg Sorbara). But according to the Toronto Star Saunders does not contradict the key facts reported by the Star about the land transactions in question. Saunders' finding that "York University is not a public institution in the sense that it is accountable to the public for what it does." is most disconcerting and seems to fly in the face of the McGuinty government's May 2005 budget amendments to enact legislation making universities subject to provincial freedom of information legislation. Continue reading
 

Responding to longstanding calls from OurTrent, UWatch, CAUT, CFS and others to begin to impose transparency and accountability upon the hitherto secretive governance of Ontario universities, the McGuinty Liberal government has taken a first step in its budget of May 2005 which will make universities subject to the Freedom of Information and Protection of Privacy Act (FOIPPA). While agreeing to pump more than $6-billion into postsecondary education over the next five years, McGuinty admitted the need to force accountability on universities. "We can't just send in wheelbarrows full of money to our postsecondary institutions," McGuinty said. "It is simply unreasonable to expect that we're going to flow that much new money into our postsecondary institutions and not demand higher accountability in return." This is a major victory. Continue reading
 

We're certain they'll be much fuss and hoopla over the funding increases promised to universities by the Ontario government in its 2005 budget released today. Least it escape everyone's notice, the government does commit "to make Ontario’s universities subject to the provisions of the Freedom of Information and Protection of Privacy Act and to ensure that Ontario publicly funded postsecondary institutions are transparent and accountable to the people of Ontario". Let’s hope they enact that legislation sooner rather than later. Continue reading
 

When someone blows the whistle on wrongdoing in an organization more often than not it is the whistle-blower who suffers? the most. Yet most whistle-blowers say that their sense of honour and integrity would not have allowed them to act otherwise. Drug Safety Canada in conjunction with the Canadian Health Coalition introduced a new award for 'Public Guardians': The Vanessa Award recognizing heroism and "Integrity and Courage in the Public Interest". Each recipient has acted courageously to protect the health of the public, despite the prospect and subsequent reality of great personal and professional sacrifice. Two awards were to be presented posthumously. We at OurTrent wonder how we might recognize and protect whistle-blowers in Ontario universities. Continue reading
 

An interesting connection to Trent University and the tragedy of Air India flight 182 on June 22, 1985 has come to light. Former CSIS head Reid Morden is the chair of Trent's board. Bob Rae has been appointed to advise the feds if there should be an inquiry over how the investigation and prosecution was handled. CSIS destroyed surveillance tapes, an act Morden said was justified, albeit the destruction occurred before his time as CSIS head. Morden and Rae worked together fundraising for Trent's building projects. Rae prevously sat on SIRC, the body responsible for overseeing CSIS. Continue reading
 

The ruling by Madam Justice Alexandra Hoy of Ontario Superior Court that presidents of Ontario universities are not public officials and cannot be sued for abusing their power as such will be appealed. A short statement provided to OurTrent by Daniel Freeman-Maloy and his lawyer Peter Rosenthal explains the reasoning behind their decision to appeal. We at OurTrent fear that Justice Hoy's decision might be abused to place yet another barrier between university administrators and accountability to the public. Already unjustifiably exempt from provincial Freedom of Information (FOI) legislation Ontario Universities receive more that $2.6-billion of taxpayer dollars annually. Is it not unconscionable that publicly funded universities, which are also registered charities, remain unaccountable and not be subject to public public scrutiny? Continue reading
 

Marshall Leslie, former member of York University Development Corporation's (YUDC) main advisory council, wrote OurTrent requesting we publish his March 5, 2005 letter to the Star in support of York's actions in this matter. Leslie suggests that the Star bungled its research rather than York bungling the land deal. We present his supportive letter as reported by Y-File, York's Daily Bulletin as well as Leslie's letter supplied by him to OurTrent. We also include the letter from Brian C. McMurter, as reported by Y-File, concluding that York officials did not act in the best interests of the University and recommending that "members of the board who were involved in this matter resign immediately." Continue reading
 

A recent Ontario Superior Court ruling determined that presidents of Ontario universities cannot be held accountable for abusing their power as public officials because... they are not public officials! We fear this will be used by university management to further entrench the absence of accountability and transparency in the management of Ontario universities (Ontario's universities are, unjustifiably, exempt from Freedom of Information legislation). Not unexpectedly, York University is tickled pink with the decision because it means striking out any clauses relating to president Lorna Marsden's alleged "abuse of process with a conspiracy to injure" in the current claim against her and York by Daniel Freeman-Maloy. Continue reading
 

To what extent is a president of an Ontario university accountable to the public for actions taken in the exercise of that office? One would think that, as publicly funded institutions, university administrators would be deemed "public officials" and be in some fashion accountable by virtue of holding that office. If York University president Lorna Marsden has her way, university presidents would be deemed not to be public officials and thus could not be sued for things like "misfeasance in public office". Indeed Marsden is facing such an action and if successful in denying she is a public official, would this not place yet another barrier between university administrators and public accountability? (Ontario universities do not operate transparently or accountability and are not subject to public scrutiny because they are exempt from Freedom of Information (FOI) legislation.) We assume York is paying Marsden’s legal bill. Is public money being used to establish that the top administrator of a publicly funded institution is not a public official? Wouldn't that be ironic? Continue reading
 

York University has appointed retired judge Edward Saunders to investigate a controversial land deal. While Saunder's abilities and credibility are not in question, some find it odd that York's chancellor Peter Cory works in the same law firm (Osler, Hoskin & Harcourt LLP) and share the same administrative assistant. Some York professors have suggested "Mr. Saunders's close association with the highest officer of York University creates an appearance of a bias, which will undermine the usefulness of the review." Watchers of Trent University will be interested to know that Trent board member Michael Gough is a partner in the Toronto office of Osler, Hoskin & Harcourt. According to Gough's biography "Michael has unique and extensive experience in advising government and private sector clients on public/private partnerships, including commercialization, outsourcing and procurement." Continue reading
 

Soon there will be a website dedicated to highlighting and monitoring postsecondary corruption problems worldwide. The Higher Education Corruption Monitor is a new initiative at the Center for International Higher Education (CIHE) at Boston College. Continue reading
 

Trent University president Bonnie Patterson, like York University president Lorna Marsden, is part of the drive by COU opposing the application of the Freedom of Information Act to Ontario universities. York is in the midst of a land sale scandal. According to the York student press Marsden has tried to dampen criticism by speaking of the "spirit of openness" guiding her administration and the board's reaffirmation of "its belief in the appropriateness, transparency and fairness of the process that resulted in the sale of university lands". Uhm, just so long as that openness and transparency is not backed by being subject to Freedom of Information legislation? Continue reading
 

University administrators always plead for more money saying they are strapped and have exhausted institutional flexibility with existing funding. Trent University administrators, past and present, are no exception. We say show us your books first. Demonstrate transparency and accountability and that you have managed responsibly and without waste or mismanagement. Continue reading
 

Trent students are concerned over the secrecy of Trent's administration, rising costs, private companies benefiting from public dollars, the erosion of student space and Trent's rising debt. Tired of the veil of secrecy surrounding the DNA cluster project they want it stopped until their concerns are addressed and the cluster's financial stability verified through the release of the project's business plan. Continue reading
 

The very public controversy over the sale of York lands, alledgedly without tender and below market value, has prompted the Minister Mary Anne Chambers to say she is working to have the Freedom of Information Act include universities. (We say - about time, it's long overdue!) The land was sold to Howard Sokolowski whose company, Tribute Communities, is in business with Joseph Sorbara, the chairman of York University's land development agency and brother of Ontario Finance Minister Greg Sorbara. The NDP leader apparently said the deal sounds like a big conflict of interest. York will appoint an independent inquiry into the controversial sale. Such an inquiry can only be valid if indeed it is independent. Continue reading
 

Allegations of financial mismanagement by senior administrators at York and Queens (read those stories here too)... university presidents still pushing the government for loopholes and exemptions to any potential Freedom of Information legislation that would apply to universities... Trent's own financial, legal, accountability and transparency problems, not to mention the controversial DNA cluster project. The CFS calls on the province to bring accountability to universities and have them be subject to Freedom of Information legislation. Continue reading
 

To announce the CFI award of $3.6 million a copy (available here) of the CFI proposal was distributed electronically to select individuals at Trent. According to a letter sent to Peterborough’s Mayor and councillors this is not the same proposal as was sent to CFI and it is missing key details like 8 pages that contain references to rabies and 15 pages of financial information. The missing details are alleged to be demonstrative of the project's reliance upon rabies-related funding together with the continued participation of the MNR, and the notable absence of private sector partners. Continue reading
 

A number of groups are pleased Canada's auditor general has called for foundations like the Canada Foundation for Innovation (CFI) to be accountable to the public and parliament. According to a press release, were CFI's recent $3.6-million grant to Trent University for its DNA cluster project to be reviewed by the auditor she would find a programme of little or no value to Canadians, a demand for funds with no available business plan and a money sink hole funded entirely by taxpayers. Continue reading
 

Federal foundations like the Canadian Foundation for Innovation (CFI) are exempt from federal Access to Information legislation. While they might be laudable in their intent, it is currently impossible to tell if they are so in action without them being subject to such legislation. To be sure, universities like Trent love it when they receive grants from of millions of dollars from CFI for projects - like the $3.6-million grant for DNA Cluster - the details of which remain out of reach of public scrutiny and for which there is no accountability. The February 2005 Auditor-general's report calls for foundations to become accountable, a call supported by many. Continue reading
 

The City of Peterborough is touted as a partner in Trent's DNA cluster yet Trent won't show City councilors the business plan, if indeed a plan exists. Not much of a partnership, is it? Trent is exempt from Ontario's Freedom of Information legislation. The Canadian Foundation for Innovation is exempt from federal Access to Information legislation (the Auditor-general just blasted the feds for this) and they gave Trent $3.6-million for the DNA cluster. So far $10.7-million of public money given to the DNA cluster is neatly hidden behind a wall of secrecy built upon "accountability exemptions". Could it be, as the Peterborough Examiner suggests, Trent is afraid that if they release the DNA cluster business plan and other cluster details to the City that the public just might get their hands on it because the City is subject to Freedom of Information legislation? Continue reading
 

The Canadian Foundation for Innovation (CFI) was cited by Auditor-General Sheila Frazer today as one of the federal foundations "shielded from parliamentary and public scrutiny." CFI, a $3.6 billion foundation, is not subject to federal Access to Information legislation. Some are warning that in the absence of public accountability for federal foundations such as CFI lies the making of scandals of larger proportion than the sponsorshiop scandal. Last November CFI gave $3.6 million to Trent University for the DNA Cluster project. Trent, like all Ontario universities, is exempt from provincial Freedom of Information legislation. "Given the significant sums involved, I am concerned about the lack of adequate accountability to Parliament," Ms. Fraser said. Continue reading
 

The final report of Bob Rae’s Postsecondary Review has been splashed all over the media following its release yesterday. Overlooked in the ensuing media buzz, including Trent President Bonnie Patterson's "Press Release", is Rae’s recommendation that “Freedom of information legislation should be extended in its application to all institutions.” (Predictably, the phenomena of not acknowledging and/or ignoring this recommendation is wide spread among Ontario universities who have long resisted becoming transparent and accountable under legislation.) The public has a right to demand and be assured universities are managed responsibly and that new funding does not, as Rae warns, “disappear into the administrative function of institutions.” (See related Examiner letter to the Editor). Premier McGuinty must now act swiftly to assure universities become subject to Freedom of Information legislation. Continue reading
 

Released today, Bob Rae's Postsecondary Review's final report contains at least one ray of hope. Under "ACCOUNTABILITY" Rae said "Freedom of information legislation should be extended in its application to all institutions. ". Is our guarded optimism just wishful thinking or has Rae realized that only by legislating accountability and transparency for Ontario's universities will we know if our tax and tuition dollars are being wisely spent or if we're just being fleeced? We're not alone in our thinking - even OPSEU has endorsed the call to include universities in freedom of information legislation. Continue reading
 

Alarms are being raised that the only avenue for continued funding is directly related to the "rabies industry" and, being unjustifiable, will soon dry up and leave Trent and Peterborough holding the bag for the DNA Cluster. Members of the Ottawa-Carleton Wildlife Center are critical of the DNA Cluster project which they say "is presented as one with major economic development potential for Peterborough, [yet] there is no substantiating evidence in the form of a business plan." In addition to other documents the group has produced a short summary of the questionable funding that keeps the DNA Cluster project alive. Continue reading
 

It is remarkable how many people, even our elected representatives, are unaware that the Ontario universities are exempt from Freedom of Information legislation and therefore are completely unaccountable and beyond public scrutiny. Peterborough MPP Jeff Leal (Liberal), a previous City of Peterborough councilor and a Trent alumnus, did not know about the universities' FOI exemption and, like most of us, was unpleasantly surprised to learn of it. Here is a record of correspondence beginning with Mr. Leal's letter to Mary Anne Chambers, Minister of Training, Colleges and Universities. Everyone seems to want Ontario universities to come under Freedom of Information legislation once they learn of the ridiculous exemption and the subsequent lack of accountability currently enjoyed by Ontario universities and their administrators. Continue reading
 

Hey Ontario! Listen Up! According to the BBC, a new law giving people in Scotland the right to access information held by thousands of public authorities has come into force. It applies to the Scottish Executive and its agencies, local authorities, NHS Scotland, schools, colleges and universities, the police and the Scottish Parliament. The Freedom of Information (FoI) Act came into force at midnight and is aimed at increasing accountability. In stark contrast, our government allows Ontario universities to remain completely unaccountable for their use of public funds as they are allowed to remain exempt from Ontario's FOI legislation. Continue reading
 

In response to a formal request for specific and detailed documentation on the DNA Cluster project (submitted October 19, 2004) Trent university has released some documents. What we see so far does not fill us with confidence and raises a number of extremely alarming questions, particularly regarding the role of the board of governors to oversee the management of Trent University and the use/misuse of public funds. Continue reading
 

Trent President Bonnie Patterson has a number of responsibilities that necessarily take away the time she has available to be a full-time president. Patterson sits board of the Peterborough Regional Health Centre (PRHC). The PRHC is a public institution that receives, and relies upon, taxpayer funding and yet it is exempt from Freedom of Information legislation (FOI), just like the Ontario universities. Patterson sits on the board of at least two publicly funded institutions that are exempt from FOI. Do we see a pattern here? Continue reading
 

In the Peterborough town hall meeting Rae was asked: "In view of the government’s commitment to openness and transparency and this Review’s accountability objectives I ask the Postsecondary Review to formally recommend to the government the following;

1. That universities must be subject to and fully compliant with Ontario’s Freedom of Information legislation, and,
2. That tuition fees not be increased until such time as the Ontario universities are subject to, and fully compliant with, Ontario’s Freedom of Information legislation, and finally
3. That no new funding should flow to universities until such time as the Ontario universities are subject to, and fully compliant with, Ontario’s Freedom of Information legislation."

Continue reading
 

On November 25, 2004 between the hours of 7am and 12:25pm EST there was an attack on OurTrent's on-line Freedom of Information poll. The attack consisted of stuffing hundreds of "No" votes into the poll thus skewing the results. The attack came from 5 machines under the direct control of Trent University. The details are documented in this article. Interestingly enough the bulk of events (269) came from Trent University IP address 192.75.12.74. Insiders tell us this is on the IP network restricted to the university's servers and to information technology staff. This raises a number of very interesting concerns. We specifically invite and challenge those involved in the vote stuffing attack from Trent University to come forward and present their views for publication at OurTrent. There's really no need to resort to childish tricks. Continue reading
 

Newsflash: OPSEU president Leah Casselman says there needs to be a more transparent and open process in the universities and that they should be included in the freedom of information legislation so that their administration is held more accountable for funds. Continue reading
 

The Minister of Training, Colleges and Universities, Mary Anne Chambers, agreed that Ontario universities should be subject to Freedom of Information legislation! Continue reading
 

In the Ottawa town hall meeting Rae was asked: "We note that you are presently the chancellor of a university that is an active member of the COU. Given that, and your own government’s reluctance to bring universities under freedom of information in the early 90’s, can you tell us where you * now * stand on the issue and what scope you feel the panel has to make recommendations on the matter?" Continue reading
 

Would you ever give someone $2.4 billion without asking them how they were spending it? Or would you ever hand them $2 billion without asking them what their plans were? Well, that's exactly what we do here in Ontario. We give billions of taxpayer dollars to the Ontario universities and they are not accountable for how they use it because they are not subject to Freedom of Information legislation. Here's what the Editor of The Fulcrum had to say on the matter. Continue reading
 

Trent University appears in the CAUT database. Judge for yourself if the record is complimentary or not. Continue reading
 

Even though the DNA Cluster project is without a business plan and no details have been released to validate claims of the benefits its proponents assert, the Trent board approved the site plan for the project. At the same time they cut Trent's budget by millions. Oh yes, President Bonnie Patterson expressed concerns over the initiative to include universities in the freedom of information act. Why? Continue reading
 

By CAROLINE ALPHONSO, EDUCATION REPORTER Globe and Mail - Wednesday, April 23, 2003, Page A10 Ontario universities have escaped provincial freedom-of-information legislation, and despite promises by their association that guidelines would be implemented across the board, the matter has been left to the whim of individual schools. Unlike colleges in the province and even their counterparts in British Columbia, Quebec and Alberta, universities in Ontario have not been included under the act, successfully arguing they are independent institutions and not government agencies.... Continue reading
 

OurTrent submits Rae Postsecondary Review recommendations directly to Minister of Training, Colleges and Universities Mary Anne Chambers.(In her November 16, 2004 response Minister Chambers agreed that Ontario universities should be subject to Freedom of Information legislation by saying "I believe there should be freedom of information in our universities." Continue reading
 

Accountability? According to Dave Tough of the Trent Arthur, this is the only principle that’s actually an imperative of the Rae Review: “post-secondary education institutions and government must answer for their results and the manner in which their responsibilities are discharged.” Tough raises the obvious but pointed questions of "Answer to whom? To students? To other post-secondary institutions? To the private sector? To the general public? Exactly who is the dominatrix here?" Continue reading
 

The new Ontario Liberal government of Premier Dalton McGuinty announced a Postsecondary Review (also known as the Rae Review) in their Budget 2004 to review the design and funding of Ontario's postsecondary education system and recommend innovative ways in which our institutions can provide the best education to students and support Ontario's prosperity. On its newly launched ReviewRae website CFS notes: "Unfortunately, it appears that Rae had an outcome in mind before the consultation even began. Days after Rae's appointment, he publicly announced his opposition to centrally regulated tuition fees. And the discussion paper released on October 1 provides only a poor rationale for higher tuition fees and higher student debt." The CFS has noted that the Ontario universities are exempt from Freedom of Information legislation. We at OurTrent believe that this has allowed the Ontario universities and to operation without any accountability whatsoever and that higher tuition fees are a direct result. OurTrent applauds the efforts of the CFS. Continue reading
 

Ontario universities have an exemption from Freedom of Information legislation. If this sounds crazy to you, add your name to this online fax petition from the U of O grads. Continue reading
 

The longstanding exemption of Ontario universities from provincial Freedom of Information (FOI) legislation makes it difficult or impossible to obtain basic data that should normally be freely available to the public, according to a new Research Report from the Ontario Confederation of University Faculty Associations. Universities have long claimed to be compliant with the spirit and intent FOI legislation through self-policing their own policies. That is not a sustainable claim. If obtaining basic information is the test of how well Ontario universities and "self-police" compliance with FOI legislation, the OCUFA study shows the universities fail miserably. One more peice of evidence that only through enforcable legislation can we have some hope of transparency and accountability in the management of our publicly funded Ontario universities. Continue reading
 

Guest editorial in the Peterborough Examiner in response to Trent University again embroiled in financial and legal troubles (Legal Battle Shapes up at University, Peterborough Examiner July 9). That there are persistent problems at Trent is not, unfortunately, unexpected. Continue reading
 

Did you know that our Ontario universities are not subject to the Ontario Freedom of Information (FOI) legislation? If this concerns you then please take a few moments to review this site. Let's make certain that our Ontario universities become accountable and transparent and subject to public scrutiny! This will help all of us to keep costs down - and to assure that post-secondary education remains accessible and student debt is kept in check. Continue reading
 

Why is this woman smiling? Could it be because Trent President Bonnie Patterson was paid more than $240,350 in 2003 (salary plus taxable benefits). Given that Patterson has numerous responsibilities that take her away from Trent, some have suggested her Trent presidency is effectively part-time. Not a bad wage for a part time job! In this article we also post the salary disclosure chart for the other members of Trents $100,000 plus club. Continue reading
 

Arthur reporter Niiti Simmonds explains how a new bill (BIll 18) from the Ontario Minister of Finance may open university finances to public scrutiny, and bring the province’s universities under the jurisdiction of the Freedom of Information Act. "This change would allow the public to access contracts between public institutions and private companies." Will these people still be smiling after BIll 18 goes into effect? Continue reading
 

Salary disclosures show that by 2003 Trent president's pay increased more than $64,000 since 1997, that's more than 36%. When Trent president Bonnie Patterson left COU her 1997 salary and taxable benefits totalled $153,941.00. In 2003 Trent paid Patterson salary and benefits totalling $240,381.41. Patterson has responsibilities outside of Trent that absorb significant time on non-Trent matters. Continue reading
 

Proposed legislation may bring public some form of accountability to Ontario Universities. On December 9, 2003 the first reading of Bill 18 "An Act respecting the Provincial Auditor" occurred in the Legislature of Ontario. This Bill will enhance the powers of the provincial auditor and require that all recipients of provincial funds be audited. This includes universities. This means that a Board of Governors Audit Committee will have to assure compliance. Continue reading
 

Professor George Nader, a respected and dedicated faculty member at Trent University, was denied reappointment as principal of Peter Robinson College by Bonnie Patterson and her administration. Nader publicly voiced his well documented analysis demonstrating that, among other things, Patterson's plan to close the two downtown colleges (in pursuit of SuperBuild funds) was not financially viable. Apparently this angered Patterson to the extent that Nader's reappointment was denied. CAUT has launched an inquiry to assess whether there were breaches of or threats to academic freedom in this case. Continue reading
 

UPDATED May 17, 2006: On June 16, 2003 each member of the Trent University board of governors (BoG) was given a document of some 300 pages entitled Re: Management Malfeasance in Information Technology & Human Resources, Non Union Employee Rights, Whistleblowing, the Absence of Mechanisms at Trent to Deal with these Matters (mechanisms that are in Existence at Most Other Universities), and Suggested Remedies. The document requested an independent investigation into the allegations it presented. To this date (May 17, 2006) the board of governors has refused to conduct said independent investigation. However, they tried to have the documentation destroyed in return for monetary payment to the author. Strangely, the trade union OPSEU (Local 365) actively participated in the effort to destroy documentation of management malfeasance! Pictured above are Rodney McDonald (OPSEU), Stephanie Williams (Trent Labour Relation Manager), Gerry Mason (OPSEU), Terry Baxter (OPSEU), John Wales (OPSEU), David Mahy (Head of Trent HR Department), Manuella LeFranc (OPSEU), John Brooks (Trent's lawyer when he was with Heenan Blaikie, now of Hicks Morley). Continue reading