U of O Watch mission, in the words of Foucault...

"One knows … that the university and in a general way, all teaching systems, which appear simply to disseminate knowledge, are made to maintain a certain social class in power; and to exclude the instruments of power of another social class. … It seems to me that the real political task in a society such as ours is to criticise the workings of institutions, which appear to be both neutral and independent; to criticise and attack them in such a manner that the political violence which has always exercised itself obscurely through them will be unmasked, so that one can fight against them." -- Foucault, debating Chomsky, 1971.

U of O Watch mission, in the words of Socrates...

"An education obtained with money is worse than no education at all." -- Socrates

video of president allan rock at work

Friday, January 22, 2016

U of O appeals from interim motion judgement to a panel of the Divisional Court

The U of O is doing everything it can to strike the union's affidavit of evidence for the judicial review of the dismissal of Rancourt

Rancourt's union (Association of Professors of the University of Ottawa, APUO) is pursuing a judicial review (appeal) of an arbitrator's January 27, 2014 decision to uphold the university's December 10, 2008 dismissal of tenured full-professor Denis Rancourt. (link)

The arbitrator made negative findings in a total absence of evidence, and ignored relevant evidence that contradicted his findings. He also used a "report" obtained by covert surveillance, which was not in evidence. These were violations of natural justice, and are grounds in the judicial review.

In order to prove the arbitrator's errors, the union must bring an affidavit in the judicial review to say what actually happened during the arbitration hearings, because no court transcript of the 28-day hearing is available.

(The hearings were held between May 2, 2011 to June 26, 2013. The university appeared to do everything it could to delay and complexify the process, including a broad and sustained campaign of character assassination of Denis Rancourt.)

Thus, the union's affidavit about what actually occurred in the arbitration is necessary for the judicial review. Yet, the university is spending tremendous resources in now-repeated attempts to disallow the union's affidavit.

The university can of course challenge the union's affidavit and enter its own affidavit in the judicial review itself. But, instead, it seeks to bar the union from even bringing an affidavit.

The first attempt by the university to bar the union's affidavit was a motion to a judge of the appellate court (Divisional Court for Ontario) to strike out the union's entire affidavit. This attempt failed entirely. The appellate judge was unambiguous and ordered the university to pay the union's costs for the motion. (See appellate judge's ruling HERE, and U of O Watch article HERE.)

That is not good enough for the university. President Allan Rock instructed the university hired lawyers to appeal the appellate judge's judgement to a full panel of three appellate court judges. This will be a second costly attempt to strike out the union's needed affidavit so that the evidence cannot be used in the judicial review. Without the affidavit, or any evidence about what actually was said in the hearings, the judicial review is destined to fail.

The union is resisting this second attempt and will request that punitive costs be ordered against the university. The hearing before a panel of the Divisional Court is scheduled for April 2016.

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