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

Wednesday, July 31, 2013

Profs' union at U of O files application to the Ministry of Labour: Seeks an order and award of damages

The University of Ottawa is arguably experiencing its most tense labour relations circumstances in its institutional history. The professors' union finds itself forced to sue the institution in order to recover the rule of law...

On July 29, 2013, the professors' union (APUO) had this to say to its members:

Dear APUO members,

Throughout these negotiations, the APUO believes that the employer has acted in many ways that contravene both the spirit and the letter the Ontario Labour Relations Act. Such actions have included stating false information; refusing to share data they are legally obligated to release; communicating in ways that constitute attempts to negotiate directly with the membership; and now, seeking to intimidate members in order to influence the strike mandate vote planned for July 31.

Since the beginning of this process, it has been clear to the APUO that the employer has been using its vast institutional resources to wage a battle against members and the APUO. Up to this point, the APUO has assumed that members would prefer that we focus on negotiations rather than use the legal system to respond to the employer’s unacceptable actions. We had also hoped that, even if the employer continued its dishonourable actions, it would have at least ceased the ones we believe to be unlawful.

As you all know by now, this has not been the case. With its communications on Thursday and Friday of last week, the APUO can no longer ignore the issue. Peter Simpson (one of CAUT’s most seasoned advisers with more than 20 years experience) said that the employer’s communication was “unprecedented” in his experience, and that “it is hard to read it as something other than an attempt to interfere in the union’s credibility and its communications with its members ahead of a strike vote”.

Therefore, this morning the APUO has responded in the only way possible under the Ontario labour law. We have filed an application to the Ministry of Labour requesting that it (a) investigate the employer’s violations of the Ontario Labour Relations Act; (b) force the employer to disclose information required by the APUO for bargaining and insist that the employer respect the law regarding its communications; and (c) award the APUO damages to compensate for the employer’s illegal activity. You can find more detailed information about this in the Bargaining Bulletin #9.
and continued HERE.

Sunday, July 21, 2013

U of O linked to a benefactor with neo-Nazi ties

In 2009, following a series of show panels personally organized and hosted by university president Allan Rock, there was to be a comprehensive "donor recognition" policy at the University of Ottawa. The President's promise went like this:

"Diane Davidson, our Vice-President, Governance, will be preparing a draft policy and sending it out for consultation and reactions in the weeks to come. We will be looking for your opinion and suggestions, so that we can develop and adopt a policy that is in the best interests of the University."(LINK)

To our knowledge, no such policy was ever brought to the university community for "consultation and reactions". Instead, the President's entire originally public web-site (http://www.president.uottawa.ca) is now locked and only accessible via a password.

Here it was, as reported on October 14, 2009, by the student newspaper The Fulcrum:

U of O President Allan Rock mentioned that a committee will be created to address the issue. It will be in charge of coming up with guidelines on how to deal with recognition and encouraging transparency through student and community involvement. [really?]

According to Rock, a donation needs to be extremely generous for the amount of time a name is kept on a building. [umm humm, and how generous does it need to be to be an anonymous donation...?]

In an email to the Fulcrum, Beaulière [elected graduate student executive member] reinforced his thoughts on donor recognition.

“One thing was clear at the end of the panel discussion: it is high time the University of Ottawa adopts a policy that will render the naming process transparent, truly collegial, as well as representative of the values of its community.” [Comments by UofOWatch]

Not only was a proper policy for donors and benefactors not transparently developed and adopted, but, instead, all this was followed, in 2010, by a "U of O anonymous research chair for ethical management", no less.

Now, recently, it has come to light in a CBC media report that the University of Ottawa, under President Allan Rock's watch, has a benefactor who allegedly had intimate ties with a large US neo-Nazi organization:

American neo-Nazi group to get part of Ottawa exhibit (link)
CBCNews, June 29, 2013

Indeed, the benefactor willed a $1 million collection housed in the University of Ottawa classical antiquity museum to the said neo-Nazi organization, which theorizes about creating an all-white society without Jews and non-whites.

Following the media disclosure, according to the CBC video, the University stated that "the collection can be packed up and removed whenever [the lawyer executing the will] wants".

President Rock had a good initiative back in 2009, to create a donor policy with ethical guidelines and transparency, then he suddenly abandoned this important consultation, and then his president's web site and his personal "Rock Talk" blog went into hiding, it would seem? (The contents of these sites can no longer be accessed by the public.)

The end result for U of O is no policy and no transparency. More and more it looks like any money will do, with any degree of secrecy wanted.

Would it not be time for a thorough independent and transparent review of donors, benefactors, and partners of the University of Ottawa? The public, alumni, staff, and students are entitled to know all the contracts, terms of reference, and deals that tie the publicly funded institution to outside money. No?

Along those lines, what is the "University of Ottawa Foundation" and what does it do? How is its mission linked to the University's statutory obligations? Where are its annual audit reports on the U of O web site?

Why did Mr. Rock decide in 2009 to change his course and instead to gamble with the institution's reputation by not transparently developing an ethical donor and benefactor policy, which the entire University community (including himself?) wanted? What's up with that?

Monday, June 10, 2013

On-going story of an application to the Supreme Court of Canada

When is it OK in a democratic society for a court to ignore a complaint of bias of the court? Is it acceptable for the rules of the court to permit circumventing a bias complaint? Can a judge refuse to hear and determine a complaint about his/her own apparent bias? Is being heard on a bias question in order to overturn decisions of a judge a Charter right? Will the Supreme Court of Canada find these questions of sufficient importance to hear the appeal?

At least the last of these questions will be answered in the coming months. Here is how the story has unfolded to date:
  • 2013-01-07::: Rancourt's Application for Leave to Appeal filed to the Supreme Court of Canada, to appeal from the November 29, 2012 decision of Justice Peter Annis to not grant an appeal regarding the defendant's complaints about reasonable apprehension of bias. Full-Application-SCC.
  • 2013-02-13::: Motion to a Judge, filed to the Supreme Court of Canada, motion to set aside Registrar's January 25, 2013 order. Full-Motion-SCC.
  • 2013-02-14::: Letter of St. Lewis via Richard Dearden to SCC Registrar, asking that Registrar "not accept" Rancourt's Motion to a Judge. 2013-02-14-Dearden-to-Registrar.
  • 2013-02-22::: Letter of U of O via Peter Doody to SCC Registrar, echoing Dearden's request to "not accept" Rancourt's Motion to a Judge. 2013-02-22-Doody-to-Registrar.
  • 2013-03-04::: Ontario Civil Liberties Association's letter to the Chief Justice of Canada, about SCC Registrar's conduct. LINK. Followed by THIS, and then THIS.
Stuff happens in the corridors at the Supreme Court...?
  • 2013-04-08::: Registrar of the Supreme Court of Canada changes his mind, accepts to file Rancourt's Application for leave to appeal: Registrar's letter.
  • 2013-04-09::: Rancourt re-files his Application for leave to appeal to the Supreme Court of Canada: Full-Application-SCC.
  • 2013-04-11::: Supreme Court of Canada Registry letter to Rancourt -- Materials filed, File Number assigned: Registry's letter. 
  • 2013-04-19::: Supreme Court of Canada responds to the Ontario Civil Liberties Association about Registrar's conduct: SCC-letter-OCLA.*
  • 2013-05-09::: U of O submissions for leave to appeal to the Supreme Court of Canada: UofO-Mem-Arg-SCC.
  • 2013-05-09::: St. Lewis's submissions for leave to appeal to the Supreme Court of Canada: StL-Mem-Arg-SCC.
  • 2013-05-21::: Rancourt's REPLY for leave to appeal to the Supreme Court of Canada: DGR-Reply-SCC.
*This bullet was added on June 20, 2013.

Sunday, June 9, 2013

Another dubious distinction for U of O: No easy access to information

University of Ottawa again topped list of formal requests for information last year (LINK)
By Neco Cockburn, OTTAWA CITIZEN June 7, 2013


The University's spin is poor:

No mention of how the U of O routinely claims that access to information requests are made in bad faith, only to be ordered or otherwise convinced to comply: PO-3121, PO-2974.

Or of how often the U of O simply disregards the access to information law and must be ordered to produce a response:  PO-3043, PO-2671, PO-2698.

The only case where the University's claim that a request is made in bad faith was upheld is the case mentioned by the spin doctor: PO-3188.

Wednesday, May 29, 2013

Some U of O students shut down the BOG over tuition fees: So very lame


Video reports about the recent student action to shut down a meeting of the Board of Governors (BOG) of the University of Ottawa are HERE, and HERE.

This student action was so lame. Let me explain how and why it was lame.

The "action" is solely a complaint, nothing more. Students were passively asking to be oppressed fairly. There was no hint of wanting to take over to better manage the institution. There was no offense in the tactic. Instead, it was purely a complaint about the quantum of fees.

Meanwhile administrative costs and executive globalization projects are skyrocketing...

Hey students! Here is a hint: Make a graph of total executive and executive support staff salaries (on the y axis) versus time (on the x-axis), for the last 15 years or so. Express y as a fraction of the total operating budget if you like, to account for student population and overall budget growth. Oh, and get your own numbers, not any spin from the corporate spin doctors.

Have you noticed the growth of the media relations and communications offices in recent decades...? Or just look at the president's salary for the last 20 years... That's quite a historic break!

Now I know that most of you are only around for 4 years or so, but you can research what happened before you arrived...

Corperatization and globalization are not solely about vanity buildings and brand name coffee.  They are about the institution being taken over by corporate and global interests and being run by those interests. This includes:
  • the massive drives to recruit foreign students paying large tuition fees (diploma mill economics)
  • the president's trips around the globe (notice how he's always out when something happens?)
  • top-down academic exchange programs with Israel (why Israel?)
  • "responsibility to protect" talks on campus (whose ideology?)
  • increasing "security" (cameras, lock downs, campus police...)
  • the institution's image propaganda machine (resource allocation for brand maintenance...)
  • technology and buildings being more important than quality teaching (do you like Power Point?)
  • blotted salaries of upper tier research professors (do the math)
  • poverty wages for everyone else (temp staff, undergraduate students)
  • loss of participatory collegial governance (you don't even know what that is, right?)
  • centralized control of all resource allocations (try getting a room for a student event...)
  • centralized control of all messaging (try putting up a poster)
  • costs of centralized control...
  • skyrocketing institutional legal fees (discontent students and employees sue... more lawsuits and grievances than you can count)
The list goes on.

If professors were made responsible to educate or took that responsibility, instead of being buried in or hiding behind their high-paying assembly line jobs, then you could have an education at a small fraction of the present cost, if you cared to take it.

And, um, did you consider that you are adults being forced to finance your productive work for society...? I mean does that ever cross your mind, that if you are going to be institutionalized into forced work, then you should at least be salaried?

Negotiate a salary, and impose student governance leverage on the actual management of the outfit. Grow up.

Lame. Access...? Lame.

Friday, May 24, 2013

The cross-examination of Professor Rancourt continues: Blog articles and student spy report introduced into evidence

Maureen Robinson -- student spy hired by the U of O, active 2007-2008
The public tribunal hearings into the 2009 firing of tenured Full Professor Denis Rancourt at the University of Ottawa are on-going this May and June 2013.

These hearings will determine if the dismissal of the professor was (1) justified, and (2) whether it was done in bad faith for reasons other than the alleged pretexts given.

The main alleged reason given by the University of Ottawa for firing the professor is that he would have assigned fraudulent grades to 23 students in an advanced physics course in the winter semester of 2008, grades that are alleged to have no relation to the students' actual performances and progress in the course.

A recent ruling by the Arbitrator has allowed the university to cross-examine Rancourt on his radical blogs "U of O Watch" and "Activist Teacher", and on any broad question to impeach Rancourt's "credibility" and/or fitness to be a university professor.

Rancourt's union had argued that such questions should not be permitted (HERE and HERE). The University had argued that such questions are proper cross-examination questions (HERE and HERE).

The Arbitrator explained that allowing the cross-examination questions is a distinct step from a determination of the relevance of the questions and answers, and cited the factors for determining admissibility of the thus gathered evidence.

The questions about the blogs appear to be aimed at establishing that Rancourt cannot be allowed back on campus because he incites and/or condones violence (link), because he is an anarchist, because he attacks University administrators with no regard for their feelings (link), because he uses his blogs for vengeance against any University executive associated with the dismissal (link), because he celebrates burning cop cars at G20 (link), because he promotes academic squatting (link), and so on.

On May 23, 2013, the University was allowed to put into evidence a report covertly prepared by a hired student spy about a talk Rancourt gave on another campus in 2007. Rancourt requested that he be provided a complete document rather than an incomplete report, and requested that the source of the report be identified and documented on the record, prior to answering questions about the report. Rancourt's requests were not granted. The Arbitrator ordered Rancourt to answer questions about the report. Rancourt was then cross-examined about the report.

The union will introduce a new witness when the hearings resume on June 5, 2013. The cross-examination of Professor Rancourt will then continue after the new witness is cross-examined and re-examined.

Wednesday, May 15, 2013

Start stop cross-examination of Professor Denis Rancourt at dismissal case tribunal

Lawyer for the University of Ottawa Lynn Harnden spent the whole morning cross-examining Professor Denis Rancourt today.

The very first question was (from memory) "Do you agree with the Maclean's magazine description of you as a self-described anarchist?"

[I should have answered: "Did you know that Mahatma Gandhi was a self-described anarchist?" or "I am not and have never been a member of the Communist Party." Sheez. What century are we in?]

That set the tone for the morning's questions which were all about Professor Rancourt allegedly using his U of O Watch blog and emails for vengeance and to inflict emotional hurt.

Finally, lead counsel for the union objected to the entire line of questioning as being irrelevant to the issues before the Arbitrator.

The Arbitrator asked for written legal submissions from both sides in order to decide if these broad questions will be allowed to continue. The Arbitrator will provide his decision by Tuesday May 21st when the hearings will resume, with or without the broad questions.

The purely legal arguments will be part of the public record.

Rancourt has blogged critically and with sting about his colleagues and the University administration since 2007, years before he was dismissed. Yet the University never reprimanded him for his blog reports or asked him to stop. Now it is using the blog to justify itself in the dismissal case.

By contrast, the University had to ask one certain Chairman of Chemistry "that he refrain from making such comments aimed towards you...": LINK.

General background document: HERE.


Tuesday, May 14, 2013

Final hearings in the dismissal case of Professor Denis Rancourt

In May and June 2013 are the final hearings in the binding labour arbitration tribunal in the case of the dismissal of tenured Full Professor Denis Rancourt from the University of Ottawa.

The schedule for the 14 final hearing days is:
May 13, 14, 15, 21, 22, 23, June 5, 6, 11, 12, 13, 14, 25, 26 2013 at 9:30am.
Hotel Indigo Ottawa (Indigo Room), 123 Metcalfe Street, Ottawa.

Arbitrator: Claude Foisy
Lead counsel University: Lynn Harnden
Lead counsel union: Sean McGee

Professor Rancourt finished his testimony in chief on May 14th. He will be cross-examined starting on May 15th.

In the course of the first days of testimony, the University has abandoned its discipline of Professor Rancourt for refusing to produce the final examinations of his students. This is no longer one of the causes for discipline.

The remaining alleged causes for discipline include:
  • using improper speakers in his Fall 2006 SCI 1101 "Science in Society" course;
  • giving anomalously high grades (too many A's) in his Winter 2007 PHY 1722 "Principes de Physique II" course; and
  • assigning fraudulent A+ grades to 23 students in his Winter 2008 PHY 4385/5100 "Solid State Physics" course.
The University is also charging that Professor Rancourt incites violence and should therefore not be allowed back on campus even if his dismissal was not warranted.

Background document: HERE.

Monday, March 18, 2013

On technology in the classroom at U of O, and on paternalism


Drop the iPad and get back to basics, says University of Ottawa professor Cameron Montgomery
--Ottawa Sun, March 17, 2013

U of O Granting Program Gives $80 000 / year for Clickers, etc.
--Student's-Eye-View, December 20, 2011

On the sacred space of the university classroom
--Activist Teacher, October 3, 2009

"The University of Ottawa is till fine-tuning their new online policy, and expects to release their findings by the end of the year." --Sun article, March 17, 2013

Findings? Some profs want to close in-class student laptops on demand, as in paternalistic control of in-class behaviour of adult students who are suppose to have the academic freedom to optimize their own learning as they see fit...

U of O Watch looks forward to the U of O's "findings" on this delicate question of student adaptation to dreadfully boring classes delivered by PowerPoint slides.

The student union has been waiting for the University's "findings" for a full year:
Student union letter
--SFUO, April 2, 2012

Tuesday, March 12, 2013

Allan Rock refuses to pay legal fees to protect academic freedom, while funding a controversial defamation lawsuit against a critic of the university

The arbitrary nature of Allan Rock's decisions regarding using the University's public moneys to fund lawsuits is highlighted by two recent cases:

(1) Search warrants against criminology university professors: LINK

(2) St. Lewis "private" defamation lawsuit against Rancourt: LINK

In addition, Rock is refusing to answer student Hazel Gashoka on whether the University will fund a new defamation lawsuit against her: LINK.

Friday, March 8, 2013

Richard Dearden trashes OCLA to Chief Justice of Canada

The Ontario Civil Liberties Association (OCLA) has posted the recent letter of lawyer Richard Dearden of the Gowlings law firm to Chief Justice Beverly McLachlin. The letter is here: LINK. Dearden argues that "The OCLA has no evidentiary or legal basis for accusing the Registrar of having an apprehension of bias (sic) regarding the two letters he wrote Mr. Rancourt and no investigation is warranted."

Following Mr. Dearden, the Chief Justice should not investigate the conduct of the Registrar in dealing with self-represented litigants, as requested by the OCLA.

Tuesday, March 5, 2013

OCLA asks Chief Justice Berverly McLachlin to investigate the conduct of the Registrar of the Supreme Court of Canada


The Executive Director of the Ontario Civil Liberties Association has written a public letter to the Right Honourable Beverly McLachlin, Chief Justice of Canada, asking her to investigate the conduct of the Registrar of the Supreme Court of Canada.

The concerns expressed by OCLA include the recent actions of the Registrar in "not accepting" both an application and a motion submitted by Denis Rancourt to the Court, as reported on this blog.

The letter, in part, reads:
"We are particularly concerned by the Registrar shielding his own decision from review by not placing a motion pursuant to Rule 78 before a judge of the Court, but rather returning the motion record to the unrepresented party. Even if the Registrar is correct in stating that Rule 78 “is not applicable,” it was inappropriate for him to get involved with a matter seeking to review his own decision, and it creates an apprehension of bias."

Monday, March 4, 2013

L'U d'O prend ses distances (St. Lewis v. Rancourt) -- La Rotonde


...and reported in English on Student's-Eye-View: LINK

“U of O insisted that it would not fund a potential lawsuit by Ms. St. Lewis against Ms. Gashoka. Recall that U of O has recognized that it is reimbursing Ms. St. Lewis’s legal fees without limit in in her pursuit against Mr. Rancourt in the name of a moral obligation and of the fact that Ms. St. Lewis was attacked for work she did as an employee. It is impossible for us to see how it would be different in Ms. Gashoka’s case, since she has been threatened with a lawsuit for having repeated and somewhat developed the ideas of Mr. Rancourt.”
(free translation) – Hamdi Souissi, La Rotonde, March 4, 2013

L'Apartheid et Allan Rock, une grande histoire d'amour -- La Rotonde (in French)


Thursday, February 28, 2013

Supreme Court Registrar Roger Bilodeau refuses to accept a Motion to a Judge to review the Registrar's own decision

On February 13, 2013 Rancourt served and filed THIS Motion to a Judge of the Supreme Court of Canada to review Supreme Court Registrar Roger Bilodeau's earlier decision to not accept Rancourt's Application for Leave to Appeal a lower court decision to deny Rancourt of a judicial determination of apparent bias of lower court judge Robert Beaudoin.

Today, Rancourt received the Registrar's February 22, 2013 decision (LINK) to not accept to file Rancourt's Motion to a Judge to review the Registrar's own decision.

The original Application for Leave to Appeal to the Supreme Court of Canada is HERE.

Sunday, February 24, 2013

U of O president Allan Rock and law professor Joanne St. Lewis must not sue student Hazel Gashoka

Threat of lawsuit against YouTube video

By Denis Rancourt

Hazel Gashoka earned an Honours B.A. in psychology from the University of Ottawa in 2012 and is now a graduate student in Community Psychology at Wilfrid Laurier University.  As an undergraduate at the U of O, she was an activist for social justice, and in her graduating year was elected to represent students on the University Senate.

In 2008, while Gashoka was an undergraduate, the student union reported systemic racism at the University of Ottawa.  The report drew a lot of public attention and was an embarrassment to the university.  In response, the university asked U of O law professor Joanne St. Lewis to publicly "assess" the student report.  In just a few days' time, St. Lewis issued a public report questioning the validity of the student charges.

Gashoka recently made a six-minute YouTube video (imbedded below) analyzing St. Lewis's role in helping the university deflect the students' charge of racism.  (St. Lewis and Gashoka are black, and this writer is white.)

After the video was posted, St. Lewis, through a big-name lawyer hired for her by the university, sent Gashoka a notice of libel, which is a threat to sue for defamation.



St. Lewis is already suing former U of O physics professor Denis Rancourt for $1 million for expressing a similar view on his “U of O Watch” blog.  That defamation lawsuit, which began in 2011, is funded by the university and pursued by the same lawyer who is threatening Gashoka -- Richard Dearden of the large corporate law firm Gowlings.  University president Allan Rock testified under oath that his funding of the lawsuit against Rancourt is without a spending limit, “without a cap.”

Gashoka made public the threat that she received, and she publicly called upon Rock to “Please confirm that the University of Ottawa will not be funding a defamation lawsuit against me [her].”

In this writer’s opinion, it is morally wrong for the University of Ottawa and St. Lewis to try to silence Gashoka.  Using public funds and student tuition money to fund repressive litigation against her would be ironic, as the university claims to promote discourse and debate on matters of public interest.

Gashoka has the right to interpret the facts any way that she wants in this or any other matter of public importance.  Public controversy and debate on societal issues can be a rough trade and can involve terms that sting, but the law accommodates its requirements.  St. Lewis should not expect to be immune from criticism for the role that she played.

I call on president Allan Rock to state publicly, without further delay, that the university will not fund a lawsuit against Hazel Gashoka for her video, and to clarify the university’s criteria for funding lawsuits against its critics.

See all related posts HERE.

Thursday, February 14, 2013

Lawyer Richard Dearden asks Supreme Court Registrar Roger Bilodeau to not accept motion to a judge

Regarding THIS recent motion to a judge filed to the Supreme Court of Canada by Rancourt in the St. Lewis v. Rancourt case, St. Lewis' lawyer Richard Dearden sent THIS February 14, 2013 letter to Supreme Court Registrar Roger Bilodeau.

In the letter, Mr. Dearden is asking Mr. Bilodeau to not accept a motion to the Court to have Mr. Bilodeau's own decision set aside.

Mr. Dearden is explaining to Mr. Bilodeau how the rules of the Court work, and how it is that Mr. Bilodeau should not accept a motion to a judge which would set aside Mr. Bilodeau's prior decision to not accept Rancourt's recent application for leave to appeal (without allowing the application to be considered and determined by the Court).

It would seem from Mr. Dearden's letter that Mr. Dearden is under the impression that Mr. Bilodeau is maybe not familiar with the rules of the Court or with the responsibilities of his own function?

Former U of O student and senate member Hazel Gashoka receives a Notice of Libel

Hazel Gashoka
Web site reports that former U of O student and senate member Hazel Gashoka has received a Notice of Libel from U of O law professor Joanne St. Lewis' lawyer Richard Dearden.

Link to Notice of Libel HERE.

Rancourt files Motion to a Judge, Supreme Court of Canada, to set aside Registrar's order

On February 13, 2013, Denis Rancourt filed THIS "Motion to a Judge" to the Supreme Court of Canada.

The motion asks a judge of the Supreme Court of Canada to set aside an order of the Registrar of the Court.

On January 25, 2013, the Supreme Court Registrar, Roger Bilodeau, Q.C., wrote THIS decision to not even assign a court file number to Rancourt's January 7, 2013 application for leave to appeal to the Court.

Rancourt argues that the Registrar's decision/order was contrary to both the Supreme Court Act, and the Rules of the Supreme Court of Canada.

Rancourt argues that the Registrar cannot simply "not accept" an application for leave to appeal on the basis of the Registrar's speculation about the Supreme Court's jurisdiction, which is a substantive matter argued in the application itself.

The opposing parties, Joanne St. Lewis (represented by Richard Dearden) and the University of Ottawa (represented by Peter Doody), had written to the Registrar to argue that the Court did not have the jurisdiction to hear Rancourt's application, and to ask the Registrar to "not accept" the application.

The application was about a litigant's Charter and natural justice rights to an impartial judicial process. Specifically, the right to have a complaint of actual or apparent judicial bias heard by the court where the complaint is made. The application seeks to appeal a decision by Justice Peter Annis to refuse leave to appeal decisions of Justice Robert Beaudoin on the grounds of apparent bias.

Links to all court documents in the on-going St. Lewis v. Rancourt legal case are HERE.

Friday, February 1, 2013

Who was U of O president Allan Rock in 2004: Defender of human rights or willing geopolitical peon?

An effigey of Allan Rock was taken in the protest rally in front of the United Nations office in Colombo against the UN ambassador.


THIS MEDIA ARTICLE from 2004 reports the view that Allan Rock played more the role of a partial geopolitical mover than the role of an independent and due diligent assessor of human rights violations, as he portrayed himself in his functions at the UN; that he acted politically rather than with predominant regard for professional ethics consistent with his position.


Thursday, January 24, 2013

En Francais::: L'Association des libertés civiles de l'Ontario et le cas St. Lewis v. Rancourt -- reportage Radio Canada


Reportage sur le lancement d'OCLA (Association des libertés civiles de l'Ontario / Ontario Civil Liberties Association) et entrevue avec son Directeur exécutif, Joseph Hickey.

Diffusé à 12h30 jeudi, le 24 janvier, 2013 sur "Le midi trente Ontario" de Radio-Canada.



Today media articles about St. Lewis v. Rancourt lawsuit

Two media articles have appeared today about the St. Lewis v. Rancourt lawsuit:

"Report author denied status in racism dispute"
by Heather Guardiner, Legal Feeds

"Denis Rancourt ordered to pay $16,000 in legal costs in defamation case"
by Don Butler, Ottawa Citzen

Monday, January 7, 2013

Rancourt files application for leave to appeal to the Supreme Court of Canada

In the on-going case of St. Lewis v. Rancourt, Rancourt has done everything possible to have his complaint of reasonable apprehension of bias of Justice Robert Beaudoin heard on its merits, either at the Ontario Superior Court of Justice or at the Ontario Divisional Court.

These efforts were put to a close by the November 29, 2013 decision of Justice Peter Annis to not grant leave to appeal to the Divisional Court.

Since Rancourt's bias complaint was never heard on its merits, and since impartiality of the judiciary is a foundation of the common law, Rancourt believes his Charter rights to be heard and to equality before and under the law were violated.

Since the possibility of appeal was finally barred using rules of court which allow such judicial discretion, Rancourt concludes that the said rules of court are unconstitutional, and he therefore seeks leave to appeal to the Supreme Court of Canada.

If the Supreme Court of Canada does not grant leave to appeal then it will mean that, in Ontario, litigants can make complaints of bias against judges and the complaints can continue to be finally barred by the court in which the complaints are made, and never heard on their merits. And there is no recourse.

Does that sound like something that should occur in a democratic society?

Rancourt's full application for leave to appeal to the Supreme Court was served and filed today, and is posted: HERE.

Friday, November 30, 2012

Judge rejects ex-professor’s allegations of judicial bias in defamation suit

Justice Robert Beaudoin
Judge rejects ex-professor’s allegations of judicial bias in defamation suit (LINK)

 Related: April 2012 Ottawa Citizen article that gave rise to the apprehension of bias: HERE-LINK.
 
 Related: Transcript of the court hearing at which Justice Beaudoin recused himself is HERE-LINK.

 Related: Recent blog article on A Student's-Eye View: HERE-LINK.

 

Friday, November 9, 2012

Information and Privacy Commissioner (IPC) Orders U of O to provide an access decision

In a ruling released on October 22, 2012, the Information and Privacy Commissioner (IPC) of Ontario has ordered the University of Ottawa to provide an access decision, which the University sought to avoid by claiming that the requester of the information was acting maliciously: LINK TO IPC ORDER.

The University had its access to information officer swear an affidavit that she was required to work long hours of overtime because of the requester's many requests over the years. The University also said that one time the requester cancelled a cheque and did not pay the access fee, and that the requester was misrepresenting the IPC in blog articles critical of the IPC, and that the University staff feared for their safety, and so on.

Adjudicator Haly did not accept the University's arguments, and concluded her ruling as follows (below). She also stated that if unspecified "aspects of the appellant's [requester's] behaviour ... were to continue" then this could possibly provide a basis for a future University claim (to avoid access pursuant to the law).

[60] I adopt the approach set out by the Senior Adjudicator for the present appeal. The appellant has provided the purpose behind his request which is the subject of this appeal. I find his reasons to be reasonable and I find that his request is not for a purpose other than to obtain access. Accordingly, I find that the university has not established section 5.1(b).

[61] In summary, I find that section 10(1)(b) of the Act and section 5.1 of Regulation 460 do not apply to the appellant’s request that is the subject of the appeal. While I have found that the university has not, in this appeal, established that the appellant is frivolous and vexatious, I have found that there are aspects of the appellant’s behavior, that if were to continue, could form the basis of another claim by the university.

ORDER:
1. I do not uphold the university’s decision that the appellant’s request is frivolous and vexatious.
2. I order the university to issue an access decision regarding the request, in accordance with sections 26, 28 and 29 of the Act, treating the date of this order as the date of the request, and without recourse to a time extension under section 27.

Saturday, October 13, 2012

How to find the room number to attend a public Court hearing at the Ottawa Courthouse

The open court principle is a right in a democratic society, including in Canada and Ontario. This means that the court is open to public attendance and scrutiny. The main reason is to secure just behaviour of the courts themselves.

Cases before the Ontario Superior Court of Justice in Ottawa are heard at the Elgin Street Courthouse, corner of Elgin and Laurier.

Even though you know the date and time of a hearing, the court does not publish the room number until the morning of the hearing.

To attend a hearing, therefore, you must arrive early at the Courthouse and find out the room number where the hearing will be held. There should be a list of all the day's hearings and room number's at the security desk (in front of the elevators) on the second floor (main Elgin Street entrance level).

Go to the security desk and consult the list to find the room number. For example, room "34" is on the third floor, and so on. If security does not have the list, then ask them when they will get it or how else you can find the room number. You can always go to the "Civil Counter" on the second floor, as they should also have the list for the day's hearings.

You will need to know the name of the case, such as "St. Lewis v. Rancourt". The list also tells you the name of the judge.

Good luck.

Wednesday, September 26, 2012

Send me dirt ::: Invitation to use new post office box for anonymous disclosures about U of O

You can send documents anonymously to the U of O Watch post office box:


POSTAL BOX NO LONGER ACTIVE 
Ottawa ON  Canada
This is the traditional "brown paper envelope" safe method to disclose documents showing institutional behaviour which is against the public good.
 
[Postal box inactivated November 2013]

Wednesday, August 29, 2012

U of O Watch salutes The Runster


Useful blogging in a world run by unelected and unaccountable CEOs who, well, make it up as they go along...

Sunday, July 22, 2012

Why donate to my Legal Fund?

This is an appeal to donate to my legal fund (the Denis Rancourt Legal Fund) in order to provide a moderately fair trial in what some observers have characterized as a SLAPP (strategic litigation against public participation) against me.

I am committed to obtaining justice but justice is illusive when there is a large asymmetry of means between the opposing parties. At this point I will have exhausted all my financial savings within a month or so.

I was wrongly fired in 2009 from my tenured full professorship in physics at the University of Ottawa by a president, Allan Rock, who had a personal mission to get me.  He instructed his executives and hired lawyers to fire me, and this was executed without due process.

Under false pretence, in November 2008, my students and I were locked out of our laboratory and offices without warning.

My research associate of 12 years was summarily fired (she sued and won a settlement).

The laboratory was dismantled before I was even informed of the mock procedure to fire me that was initiated in December 2008 when I was banned from campus, again without notice, under police escort. 

The false pretext used was that I had fraudulently assigned grades in one advanced physics course in the winter 2008 semester. The University’s main witness at a recent hearing admitted under oath that the university had no evidence for this for any student.

The real reason that Allan Rock wants to shut me down may be my (this) “U of O Watch” blog and its persistent criticism of university management and executives, including: criticism of the university’s treatments of students, criticism of Rock’s on-going career dealings, criticisms of administrators and colleagues who, in my view, act against public and/or student interests, exposing executive malfeasance such as doctoring documents “to make a point”, and so on.

The true reasons for firing me may also include: my development of a new and highly popular “activism course”, my weekly “cinema politica” public event on campus, my weekly on-going campus radio show, inviting critical speakers into my classes, my liberating pedagogical methods focussed on learning rather than obedience, my continued invitations in university classrooms as an invited intervener, and so on.

Rock hoped that firing me would be the end of me:

“With any luck, firing him will get him off campus …”
       -- December 15, 2008 email, Allan Rock to staff

After firing me at an executive meeting that he chaired on March 31, 2009, Rock continued to express his views about me and to search for ways to “get the facts out”:

“Far from having had ‘an impeccable pedagogical career’, Rancourt has spent the last several years undermining pedagogy, denying students access to an education and engaging in a cynical mockery of the whole education process; and

Rancourt is trafficking in fictions to try to save his own skin while recklessly and irresponsibly creating tensions in Ottawa’s religious communities. (As to ‘fiction’, I refer to the example of his lying about me going to Israel last July.)

How best to get the facts out?

Allan”

      -- April 19, 2009 email, Allan Rock to Bruce Feldthusen (then VP, now dean of common law)

In what I believe to be the latest episode to “get Rancourt”, Allan Rock has, following a “recommendation” from Bruce Feldthusen, personally agreed to entirely finance – without a spending limit – a private $ 1 million defamation lawsuit against me, for a blogpost on my “U of O Watch” blog. The private litigant did not contact a lawyer until after the agreement for unlimited funding was made – according to sworn testimonies given in my recent court motion to dismiss the action (ref).

Irrespective of the legal merits of the defamation claim and irrespective of the legal merits of my defence, the plaintiff’s unlimited funding is such that, as an unsalaried self-represented defendant, I find myself pitted against two major law firms (Gowlings and BLG), thus creating a Charter breach to my fundamental rights (ref, at paragraphs 61 to 67).

The legal process is complex and expensive. I am working hard to learn the theory and practice of litigation.

Even if I do not pay legal fees to a lawyer representing me, there are court and proceeding costs, and, most importantly, each time I lose an interim procedural motion I must pay the legal costs of the opponents. On some motions, the University of Ottawa itself is a second opponent (using the BLG law firm).

There have been over ten such motions (or mini-trials) to date and I will soon (this month or next) have exhausted my life savings at this point. If I win a motion, the other side argues that I need not have costs because I am self-represented.

It is obvious to me now that a minimum degree of justice requires at least a minimum of funding.

At stake is freedom of expression on matters of public interest (here, namely, the possibility of systemic racism at the University of Ottawa). At stake is access to justice. At stake is fundamental fairness in the justice system itself in treating self-represented litigants. At stake is the need for SLAPP-informed funding rules in private civil litigation in Ontario.

Please contribute to my legal fund. All donations go to my legal costs to obtain a just treatment before the courts. All court documents are posted to the web.

(LINK: Donate, Legal Fund -- donate web page)


Related articles:

This is what targeting a dissident tenured professor looks like in Canada

Hearings into dismissal of Rancourt reveal much

TVO (TV Ontario) interview with Denis Rancourt:

Monday, July 2, 2012

St. Lewis v. Rancourt::: IN A NUTSHELL

This is a brief explanation of the St. Lewis v. Rancourt defamation lawsuit presently before the Ontario Superior Court of Justice.


SUMMARY -- In 2008 the student union released a public report about systemic racism at the University of Ottawa. The University asked a black professor expert to assess the student report in a responding public report. The expert found that there was no basis for affirming systemic racism at the University of Ottawa. A white former physics professor runs a blog critical of the University of Ottawa and of its (white) president. The physics professor was critical of the expert's report in a 2008 blogpost. After the student union released relevant access to information documents in 2011, the physics professor blogged again stating that the access to information documents suggested that the expert had [COURT ORDER]. The expert obtained funding for a lawsuit from the university president, and then sued the physics professor for $1 million in a defamation action, without disclosing the university funding. The university was later obliged to disclose its involvement and the president's role in the on-going lawsuit.


Denis Rancourt is a former tenured Full Professor of physics, University of Ottawa. He has run the "U of O Watch" blog, critical of the University of Ottawa, since 2007. Rancourt was dismissed from his full professorship in 2009, after 23 years. The dismissal is presently in binding labour arbitration where the hearings are scheduled to continue until June 2013.

In 2008, the student union at the University of Ottawa published a report ("the SAC report", Student Appeal Centre) alleging systemic racism in the University's treatment of academic fraud, based on the SAC's data and on case studies. This SAC report immediately attracted media attention.

The University asked tenured Assistant Professor of law Joanne St. Lewis, then Director of the University's Human Rights Research and Education Centre, to write an evaluation ("the St. Lewis report") of the SAC report. The completed St. Lewis report was announced on the University web site and Professor St. Lewis did media interviews about her report.

The St. Lewis report was critical of the SAC report, found, in part, that

"The short answer for this evaluator on whether there is systemic racism in the administration of the Academic Fraud process at the University of Ottawa is: I don’t know. What I do know, is that this report does not establish this in any measurable or analytically plausible fashion."

and made ten recommendations, as "The Way Forward".

In 2008, Rancourt made a critical assessment of the St. Lewis report on his blog. The post was entitled "Rock Administration Prefers to Confuse “Independent” with “Internal” Rather Than Address Systemic Racism".

In 2011, the SAC posted documents about the St. Lewis report, which it had obtained via an access to information request, to the SAC blog.

In 2011, Rancourt posted another blog article critical of the St. Lewis report, based on the newly released access to information documents. This second blog article was entitled "[COURT ORDER]" and it stated, in part (see p.9, HERE):

"[COURT ORDER]"

The later blogpost gave rise to a $1 million defamation lawsuit against Rancourt, initiated by St. Lewis, see June 23, 2011 Statement of Claim.

As one defence, Rancourt argued that if this lawsuit was a proxy lawsuit by the University, then it violated his Charter rights by suppressing his criticism of a public institution, see p.20-21 of the Statement of Defence.

Rancourt sought to discover if the University of Ottawa was funding the St. Lewis litigation. This question was pursued and even was asked at the University's Senate via a student senator's motion (LINK).

The University replied on October 25, 2011, via hired lawyer David Scott, that it was indeed funding the St. Lewis litigation against Rancourt. A report on the efforts to obtain this reply is here: LINK. Scott's letter states, in part:

"Furthermore, your outrageously racist attack upon her takes this case out of the ordinary and, in the view of the University, alone creates a moral obligation to provide support for her in defence of her reputation."

Following this reply, Rancourt brought a motion that the action be stayed or dismissed for abuse of process (see Notice of Motion). The later motion is presently in process (LINK to report about motion).

As part of the later "champerty" motion, Rancourt cross-examined university president Allan Rock who testified under oath that he had made the decision in April 2011 to fund the St. Lewis lawsuit "without a cap" (with no funding limit) from the University's operating budget (see Transcript of the cross-examination).

Rancourt's "champerty" motion will be heard on August 29, 2011, following Rancourt's on-going "refusals and productions" motion to obtain answers that the cross-examined witnesses have refused to give.

In the first day of Rancourt's "refusals and productions" motion, on June 20, 2012, Rancourt was not allowed to cross-examine a recent affiant put forward by the University of Ottawa to counter the "refusals and productions" motion. In addition, Rancourt had put forward an expert's affidavit to establish the authenticity of a document showing a March 2012 email communication from Allan Rock to St. Lewis' counsel Richard Dearden. The expert's affidavit was stated to be inadmissible for reasons that Rancourt expects will be explained in the Judge's decision about the "refusals and productions" motion.

The "refusals and productions" motion resumes in court on July 24, 2012.

Saturday, June 30, 2012

St. Lewis v. Rancourt::: Update on the Defendant's "champerty" motion


The last update on the St. Lewis v. Rancourt defamation lawsuit on this blog was the February 24, 2012 post.

Justice Robert Smith, Ontario Superior Court of Justice, recently summarized the current status of the lawsuit this way (LINK):

[1] Denis Rancourt (“Rancourt”) is a former professor at the University of Ottawa who publishes a blog. He is being sued by the plaintiff, Joanne St. Lewis (“St. Lewis”), for libel for statements he made in his blog, criticizing the University of Ottawa.

[2] St. Lewis is also a professor at the University of Ottawa who prepared a report which concluded that there was no systemic racism in the University of Ottawa’s treatment of visible minority students. Her legal fees for her libel action against Rancourt are being paid by the University of Ottawa (“University”), which Rancourt alleges constitutes champerty.

[3] Rancourt seeks leave to appeal the decision of Beaudoin J., acting as a case management judge, wherein he refused to allow him to bring a motion (the open court motion) to allow members of the public to attend the cross‑examinations on affidavits that were filed in his champerty motion.

At this time, Rancourt has moved that the action be dismissed for abuse of process ("champerty" motion). That motion hearing will be on August 29, 2012, in open court. The reason alleged is that the University of Ottawa is funding the Plaintiff's entire legal costs with improper motive and stands to benefit from proceeds of the action.

Since the previous update, many events have occurred in the action, including:
In cross-examination, U of O president Allan Rock testified under oath that he made the decision to entirely fund the Plaintiff's litigation without a cap (no spending limit) from the University's operating budget. This decision to fund, according to the Plaintiff's testimony, occurred before the Plaintiff researched or contacted her counsel for the action.

The chosen counsel had been suggested by the Plaintiff's Dean, Bruce Feldthusen, who, according to his testimony, made a strong appeal to Rock that the University had a responsibility to fund the litigation (to sue Rancourt).

The Chair of the Board of Governors provided sworn testimony establishing that Rock had never informed the Board about the fact that the Plaintiff's Statement of Claim sought $125 thousand for a university scholarship fund (that St.Lewis had spearheaded). The Chair learned this fact for the first time at the April 18, 2012 examination of him by Rancourt.

All transcripts and many of the court documents are provided as links HERE.

Wednesday, June 6, 2012

Faculty of Ed student continues to sue U of O

Court rules students may sue universities, in some cases

Ontario Appeal Court decision could have wide repercussions.

by Judith Knelman

A recent decision of the Ontario Court of Appeal has effectively established a small, newly defined area in which universities no longer have exclusive jurisdiction in disputes with their students. Students seeking money as a remedy for consequences that impact on their academic situation will be able to use the precedent of the case of Manon Gauthier.

Ms. Gauthier was a doctoral student in education at the University of Ottawa who did not graduate because, she maintains, the university was negligent and in breach of contract in not providing her with adequate thesis supervision. >>>more>>>