10/25/2010

Activists sue University of Toronto and Toronto Police

Activists sue University of Toronto and Toronto Police
for Charter violations and wrongful arrests after fee hike protest

Join us to demand accountability at the upcoming U of T Governing Council meeting:

Press Conference: Thursday, October 28th, 3:30 pm
Simcoe Hall (front steps), 27 King’s College Circle, University of Toronto

Two University of Toronto alumni and former UofT Governors have launched a lawsuit against the Governing Council of the University of Toronto, the Toronto Police Services Board, and numerous U of T officials and Toronto police officers for cracking down on peaceful dissent.

In March 2008, a group of students and concerned citizens held a protest at Simcoe Hall, home of U of T’s administrative offices. Toronto Police, in consultation with University of Toronto officials, arrested 14 of those people (dubbed the “Fight Fees 14”), including the Plaintiffs Oriel Varga and Christopher Ramsaroop, and charged them with “forcible confinement” and other serious charges. The two plaintiffs bringing this action, successfully beat their charges under s.11 (b) of the Canadian Charter of Rights and Freedoms (the right to a trial without unreasonable delay), 17 months after charges were laid. To date the charges against all fourteen have been withdrawn, stayed or dropped.

The University of Toronto threatened Varga, Ramsaroop, and many of the “Fight Fees 14” with potential disciplinary measures under the Code of Student Conduct, but these were not pursued after the criminal charges fizzled. Oriel Varga, who is currently a law student at Osgoode Hall Law School, was not even in Simcoe Hall at the time that the “forcible confinement” allegedly occurred. Nevertheless, the police charged her, jailed her, imposed draconian bail conditions, and caused her to be prosecuted, until the judge stayed the criminal charges over a year later.

“I believe the UofT administration and the Toronto police targeted certain student leaders to lay charges against them and send a chilling message that dissent will not be tolerated on campus," said Varga. “In a democratic society ruled by the Charter of Rights, the public must be able to question and critique institutional decisions and practices without being bullied and criminalized by public institutions like a university or the police. They must be held accountable for breaching the Charter that they are supposed to uphold."

In June 2010, the police arrested and imprisoned over a thousand peaceful protestors during the G20 Summit. Varga notes, “Before the police trampled on the public’s Charter rights during the G20 summit, they practiced on us.”

The lawsuit claims that the Defendants breached their fundamental rights and freedoms under the Canadian Charter of Rights and Freedoms, including their freedom of expression, peaceful assembly and association, their right to liberty, and their right not to be arbitrarily detained or imprisoned. It also claims damages for conspiracy, malicious prosecution, false arrest and imprisonment, and negligence. Find out more, and show your support this coming Thursday, 3:30 pm, at Simcoe Hall, U of T.

More information at: http://fightfeescoalition.blogspot.com/


BACKGROUNDER
The Fight Fees Coalition


The Fight Fees Coalition was formed to support the "Fight Fees 14." The Coalition continues to organize on issues concerning tuition fees and the Code of Student Conduct, as well as raise funds for the legal defense.

Many student groups, labour organizations, community members and over 100 professors have publicly condemned the University of Toronto and the Toronto Police for their "criminalization of dissent."

The growing list of organizations that have supported the “Fight Fees 14” and this lawsuit include:

Association of Part-Time Undergraduate Students (APUS), University of Toronto
Graduate Students Union (GSU), University of Toronto
University of Toronto Students’ Union (UTSU)
Canadian Federation of Students (National and Ontario)
Ontario Public Interest Research Group (OPIRG-Toronto)
Centre for Women and Trans People, University of Toronto
CUPE including 3902, 3906, 1281
Trent Central Students Association (TCSA)
York University Graduate Student Association (GSA)
Laurentian Association of Mature and Part-time Students (LAMPS)
Ryerson Students Association (RSU)
Continuing Education Students Association of Ryerson (CESAR)
Carleton University Graduate Students’ Association

4/05/2010

Rally: UofT STUDENTS ARE FED-UP WITH FEE HIKES!




Join the Rally April 8 at 3:30 PM, Simcoe Hall 27 King’s College Circle

Join us on April 8th to call on governors to make responsible decisions that hold up the University’s mandate to provide quality, affordable education and respect students' rights.

UofT plans to raise tuition by 8% for deregulated professional programs and international students and 4.3% for regulated programs. Last year the University rammed through a 66% tuition increase with the introduction of Flat Fees. At the same time, the University has attempted to cut programs integral to the University, such as the Transitional Year Program, the Disability Studies program, Area Studies, Women Studies, Health Studies, Forestry, and the language programs at UTSC.

In 2008-2009, the University lost over a billion dollars due to risky investments. This is despite the fact that we have been telling them for years to invest in students directly. Students could instead have had free education for numerous years. Students in Ontario already pay the highest tuition in the country and have a combined national student debt of 12 billion dollars. Part-time students are still denied the University’s financial aid guarantee, although they contribute equally to UTAPS funding.

As student unions challenge the University’s draconian policies that are eroding its commitment to access and equity, the UofT is attempting to undermine student’s political power by creating an opt-out union membership. This is a clear attempt at union-busting! The University has no jurisdiction over autonomous student unions and as such must negotiate with these bodies in good faith on all subsequent matters. Moreover, students who have previously challenged fee hikes (i.e. in March 2008) were handed trumped-up criminal charges by the police and were threatened with investigations under the Code of Student Conduct. Although all charges have been dropped to date, this continues to be a shocking reminder of the University’s attempt to intimidate and silence students concerned about increasing fees.

Students have the following demands:
1. Repeal the Flat Fees and no more fee increases!
2. Stop Union Busting - halt any plans for an opt-out of student union membership.
3. Abolish the Code of Student Conduct - this is a tool of repression and a means to stifle dissent.

Come out on Thursday, make some noise and have your say!
There will be speakers, performers and free food at the rally!

Contact: Joeita Gupta (416-918-1935)

1/19/2010



RALLY AT SIMCOE HALL – U of T President David Naylor’s term is expiring in June 2010 and is presently undergoing a review with the scope of a five-year extension. APUS remains dissatisfied with the performance of his administration. We want a fair and equitable campus that extends the funding guarantee to part-time students, more evening classes so students can finish their degrees within a reasonable timeframe, more variety in course selection, affordable child care options on campus, and more public funding of the University. Under David Naylor there has been a blatant corporatization of our campus and risky investments with the endowment fund, which recently suffered 30% losses. Notoriously, his administration is responsible for the introduction of a flat fee for Arts and Science undergraduate students, which apart from being hugely unpopular, comes at a time when programs within A&S are suffering major cuts (including Health Studies, Equity Studies, Disability Studies, Women and Gender Studies and Area Studies). The Transitional Year Program that has long served as an exemplary access program also faces major budget cuts and may see its role significantly diminished. Additionally, following a peaceful sit-in at Simcoe Hall in March 2008, the administration under President Naylor allowed Toronto Police to hand out trumped up charges to 14 members of the University community, based on a U of T investigation. We’ll have speakers, performers, and the popular One Love corn soup to keep everyone warm! Come out and make your voices heard!

DATE: Thursday, January 21
TIME: 4-6 pm
LOCATION: Simcoe Hall, 27 King’s College Circle

STUDENTS PUT U of T PRESIDENT ON TRIAL

RALLY: JANUARY 21 AT 4:00 PM
University of Toronto, Simcoe Hall, 27 King’s College Circle
Toronto- As Naylor’s term expires in June 2010, the Governing Council conducted a review with the possibility of a five-year extension. The review hurriedly took place the week after winter holidays, wherein there were discussions, largely behind closed doors, as part of an opaque review process. Students and community members dissatisfied with the decisions implemented during David Naylor's term are braving the cold and undertaking their own community based review - out in the open, with music, speakers, performers and hot corn soup!
“Under David Naylor, we have witnessed an unequivocal attack on access and equity. Tuition has skyrocketed with Ontario undergraduates paying the highest fees in Canada. To add insult to injury, the University of Toronto recently decided to charge students a flat fee. This represents a 66% increase for students taking 3 or 3.5 courses if fully implemented in 2011", said APUS President, Jeff Peters.
Yet despite such reckless fee hikes, the University has simultaneously made cutbacks to vital equity programs including Area Studies, the Transitional Year Program, Disability Studies, Women and Gender Studies, Sexual Diversity Studies and many other major programs. The University also faces continued challenges and risks having its role significantly diminished due to debilitating budget cuts and a refusal by the central administration to replace retired faculty. For undergraduates these cuts have meant increasing class sizes, greater reliance on contract teaching staff and a diminished student experience. The reason cited for such irresponsible cutbacks is an endowment loss of up to 30% on account of the economic downturn; yet the administration is not taking responsibility for poor investment choices made under Naylor's leadership.
However, while the University screams poor when it comes to funding equity related programs, Naylor’s administration is prepared to spend tens of millions on corporate expansions to the Rotman School of Management, construction of the Munk Centre’s new Lassonde Mining Building, and elitist high-performance sports venues for the 2015 Pan American Games. These proposed capital projects (primarily the athletics facilities) will mean an inflation of user-fees for students who are already struggling to meet the rising cost of post-secondary education. One such venue, the Centre for High Performance Sport, will even evict the part-time student union, which has yet to be offered alternative space options. This clearly reflects the University’s skewed priorities. Under Naylor’s direction, education – long considered a right – has steadily become a privilege only for those with economic means.
Naylor's administration was also complacent while Toronto Police, based on a university investigation, handed trumped up criminal charges to 14 members of the University community, following a peaceful sit-in at the President’s office in March 2008, to protest a fee increase. To date, all charges have been dropped, stayed or withdrawn. Numerous groups, including countless labour and student groups and over 115 professors, denounced the University’s draconian handling of the situation as a criminalization and silencing of dissent.
“There is a long tradition of student protest on campus. This was an egregious violation of academic freedom, freedom of speech and Charter Rights in the case of the Fight Fees 14 – all values integral to the University community. In light of President Naylor’s less than stellar track record, the question we should be asking is not whether his appointment ought to be renewed rather should we be seeking a replacement,” says Joeita Gupta, APUS Vice-President External and Governing Council member.
Come out Thursday, January 21 at 4:00 pm and have your say!
Visit FightFeesCoalition.blogspot.com for more information
Contacts: Joeita Gupta 416-918-1935 and Richard McKergow 416-659-2235

12/04/2009

ABOLISH THE CODE OF STUDENT CONDUCT

Please use this sample letter as a guideline to create your own effective personalized letter to the administration calling for the abolition of UofT's Code of Student Conduct. Also, please sign our online petition which you can find on this page under Links and Resources.

SAMPLE LETTER: CODE OF STUDENT CONDUCT

Jill Matus
Office of the Vice-Provost, Students
University of Toronto
27 King's College Circle, Room 221
Toronto, Ontario, Canada M5S 1A1
416-978-3870
vp.students@utoronto.ca

Dear Jill Matus,
We are writing to you today because of many concerns surrounding the University of Toronto’s Code of Student Conduct. We realize that the Code is in the process of undergoing an administrative update and it is necessary to reflect on the efficacy of this Code for the university community.

The University has used the Code many times to silence dissent on campus. In 1998 the administration used the Code against a disabled racialized student who challenged the University of Toronto for not accommodating his/her health needs. When the student alleged that this lack of cooperation was because of racist and discriminatory attitudes within the administration, the response was to seek expulsion for the student under the Code of Student Conduct. Ultimately, the university administrators, many of whom are white, believed that the student’s criticisms constituted vexatious conduct.

The Code was once again used in 2000 during the T.A. strike against members of the bargaining team. In 2002, the Code was updated to reflect changes in internet use and accompanying infractions, according to the administration. On this occasion the administration pushed through dual prosecution – someone could be charged under both the Code and criminal law. When students protested these changes to the Code many were given threats, including student leaders. In 2008 the Code was used against the ‘Fight Fees 14’ for allegedly participating in a peaceful sit-in. These fourteen students, staff, and allies were part of a larger group that was protesting fee increases. The criminal charges were dropped, stayed for withdrawn for all fourteen by September 2009 but for some it is not clear whether accompanying investigations under the Code still persist. The case of the ‘Fight Fees 14’ made it clear to the community that the university uses the Code to criminalize dissent. The community, including numerous student groups, unions, and 119 professors, has extended its support for the ‘Fight Fees 14’. In 2009 two students were threatened with misconduct for promoting EnviroFest by painting handprints on the sidewalk using washable and non-toxic paint.

The University of Toronto’s own purpose statement indicates that

Within the unique university context, the most crucial of all human rights are the rights of freedom of speech, academic freedom, and freedom of research. And we affirm that these rights are meaningless unless they entail the right to raise deeply disturbing questions and provocative challenges to the cherished beliefs of society at large and of the university itself.

The Code is meant to protect members of the university community but its application has situated students as subject to a different set of rules whereby academic penalties are applied for non-academic “offences”. It creates a climate of stifling dissent from students at the University of Toronto. The Code of Conduct has been used as a tool of authority with which to bludgeon student activists. This serves to diminish opportunities for real engagement with the University’s governance processes as it situates the students involved as criminals.
We ask that the University repeals the Code of Student Conduct which criminalizes dissent on campus, dismisses students’ rights and negates the University’s own purpose statement. Instead, the implementation of a Human Rights Code or a Student Bill of Rights would be worthwhile.

At the University Affairs Board meeting on November 3, 2009 you made it clear that the Code would be scrapped in the coming months if there was widespread opposition to it. Through this letter, we the [executive members] of [organization] on behalf of [x number of students] call on the University of Toronto to abolish the Code of Student Conduct.

Sincerely,


Name Date

CC:
APUS (supportapus@gmail.com)
President David Naylor (president@utoronto.ca)

9/10/2009

CAMPUS ACTIVISTS’ CHARTER RIGHTS WERE VIOLATED, JUDGE RULES

Charges Against ‘Fight Fees 2’ Are Stayed!

For Immediate Release: September 10, 2009

Toronto - In a significant victory for University of Toronto students, all criminal charges have been stayed against campus advocates Chris Ramsaroop and Oriel Varga in relation to a peaceful sit-in on March 2008. Thursday’s decision, by Ontario Court of Justice Judge Paul Reinhardt, is the outcome of a Charter of Rights and Freedoms challenge based on the right to be tried within a reasonable time (section 11 b).

Varga and Ramsaroop, known as the Fight Fees 2 were the remaining of the 14 students and their allies criminally charged after a peaceful sit-in against fee increases on March 20, 2008. Broad based community support by unions, students and over a hundred professors had decried the
U of T's blatant attempt to criminalize dissent on campus.

Joeita Gupta, U of T Governor and VP External of the Association of Part-Time Undergraduate Students, observes,

“This is a precedent-setting decision. It affirms our Charter Rights, making it clear that trumped-up charges can't be handed out to student leaders as a strategy to silence dissenting opinions and tie-up our advocates in lengthy and expensive legal battles. I hope this will be a strong statement to the University that such violations of academic freedom and our Charter Rights will not be tolerated on campus.”

Twelve of the original "Fight Fees 14" have also had their charges withdrawn or stayed, or have signed peace bonds limiting their right to protest on campus. But the two remaining accused, both of whom are community advocates at U of T and former University governors, refused to sign away their Charter Rights to make the charges and Code of Student Conduct investigation go away.

Justice Paul Reinhardt's decision states,

“The total delay in this case from the date of arrest 25 April 2008, until the proposed trial date of 28 September 2009, is over seventeen months, well beyond the constitutionally permitted standard for a case of this kind and with these facts.” (Pg 8, Section [47])

The charges were laid after the University of Toronto threatened the students with Code of Student Conduct investigations. From today’s success, the Fight Fees Coalition is looking forward to continuing the fight against the Code of Student Conduct proceedings. The Code is largely viewed as a means of criminalizing outspoken students. The Coalition will also continue its work towards the elimination of tuition fees. With the overwhelming support received, the University has only emboldened the movement against their unilateral tuition and ancillary fee increases. Today’s victory proves that not only will trumped-up charges not stop student resistance, but will make student resistance stronger.


More information at FightFeesCoalition.blogspot.com
Contact: Joeita Gupta 416∙918∙1935
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BACKGROUND:

Oriel Varga is currently Executive Director of the Association of Part-time Undergraduate Students (APUS) and was a U of T Governor (2004-05). She has advocated for student rights at
U of T for a decade, taking part in the Justice for Dr. Chun campaign and organizing the Free University of Toronto.

Chris Ramsaroop is Outreach Organizer at APUS and volunteers for Justice for Migrant Workers (J4MW) where he advocates on behalf of migrant and undocumented workers. He is past President of numerous student unions at U of T (APUS SAC, and executive member of ASSU), and served on the University Governing Council (2002-2004).

Both Varga and Ramsaroop graduated with their Masters degree in June 2008.

The criminal charges stayed Sept 10, 2009 included: forcible confinement, mischief to property, and forcible detainer.

7/31/2009

Support remaining 'Fight Fees 2'

Court to hear Motion on Violation of Charter rights


Community Release - Toronto
Rally at Old City Hall
Wednesday, August 5th, 10:00 a.m.

Seventeen months of delayed justice will be challenged in court on August 5th. The remaining two of the Fight Fees 14 will present a Charter Challenge on the basis of the right to trial without unreasonable delay. Join us at Old City Hall to send a clear community statement in support of Charter Rights and Justice.

The Toronto police, working with the University of Toronto Administration, have pressed charges in what appears to be an attempt to criminalize dissent and discourage students from resisting unreasonable fee hikes. More than a year ago, 14 people, including students and allies were criminally charged for alleged involvement in a sit-in against fee increases at the University of Toronto.

Over a year later some pieces of relevant evidence (disclosure) still have not been provided. All but two of the 14 have had their charges stayed, withdrawn or have accepted peace bonds that limit their right to protest in campus buildings.

The remaining Fight Fees 2 will be presenting a motion to the Court on August 5th on the basis of violation of their Charter Rights under section 11(b), the right to be tried without reasonable delay. Two of the remaining accused, both of whom are major community advocates at U of T and former student governors, have refused to sign away their Charter Rights. Oriel Varga states,

I will not waive my own Charter Rights because of charges that clearly violate our basic and fundamental rights to freedom of expression and academic freedom. This matter should long ago have been thrown out by the Courts. The fact that over a year has passed without full disclosure and without a fair trial adds substantially to the growing list of Charter violations.

The community has overwhelmingly supported the Fight Fees 14. Students, organizations, unions, and over 115 professors thus far, have expressed their condemnation of the U of T regarding this blatant attempt to criminalize and silence dissent.

Joeita Gupta, Vice-President External of APUS and a student governor says,

Recently, U of T has pushed through Flat fees, which will mean those previously defined as part-time will witness a 66% fee increase. We need to stand up against fee hikes and the fundamental right to fight for access and justice on campus, and do so without the threat of police persecution.

The court date has finally been set for September 28-Oct 2, 2009. Supporters will come together on August 5th to stand in solidarity with the Fight Fees 2. Join us

and prove to UofT that criminalizing dissent will not silence opposition !

More information at http://fightfeescoalition.blogspot.com Contact: Joeita Gupta 416 918-1935

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