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Twelve of the original "Fight Fees 14" have also had their charges withdrawn or stayed, or have signed peace bonds limiting their right to protest on campus.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
-30-





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.

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 5^th. 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

- 30 -

Fight Fees Coalition Meeting

Letters of support keep rolling in from professors and unions with strong messages:


"The Code of Conduct should not be used as a tool of authority with
which to bludgeon student activists. This action also serves to
further diminish the core issues at stake on March 20, which were
protection against fee increases and opportunities for real engagement
with the University’s governance processes." - CUPE 3902

The growing support is fabulous and we need to continue our important
work. The University has been threatening other students with
investigations under the Code of Student Conduct and we cannot let
this happen. As two of the alleged participants are still facing
criminal charges and their court date is quickly approaching in early
fall we need to organize and raise awareness about UofT’s tactics of
criminalizing dissent on campus.

Please come to the next Fight Fees Coalition meeting for updates and
to discuss our next steps.

Date: Thursday July 16th
Time: 5:00 pm
Location: CUPE 3907 office: 252 Bloor Street West (OISE building), Room 8-104.

Sincerely,
Fight Fees Coalition

Flat Fees Rally, May 20th

The Governing Council will meet at University of Toronto at Mississauga (UTM) on Wednesday May 20 at 4:30 p.m. to vote on the Flat Fees proposal which will increase tuition fees by 66%. Join us at UTM to get this undemocratic proposal shut down! Buses will be leaving from the St. George campus at 2 p.m. from 100 Devonshire Place (1 Block East of St.George Street & 1 Block South of Bloor). The Rally begins at 4 pm at UTM, South Building.

UofTspends millions on elitist projects and loads debt onto students

RALLY: DEMAND ACCESS to EDUCATION

RALLY APRIL 16th DEMANDING ACCESSIBLE EDUCATION & AN END TO THE CRIMINALIZATION OF DISSENT

As many students are struggling just to survive and afford their education, the University of Toronto and other universities across Ontario are plotting to raise tuition fees. The U of T Governing Council seeks to pass a motion at their next meeting on Thursday, April 16 for further increases of almost 5%. This fee hike will amount to close to $40 million in revenue coming directly from students’ pockets! In addition, last week the Faculty of Arts and Science voted for flat fees, which will force students taking 3 or more courses to pay as much as those taking a FULL COURSE LOAD. Education is a right and should be free and accessible to all.

The U of T administration has shown that their interests lie in turning a profit off the backs of students, while criminalizing those who take a stand against tuition increases. A year later, bogus charges are STILL being pursued against four community members for allegedly participating in a peaceful sit-in against fee increases on March 20, 2008. However, community support continues to grow. Over 100 professors have signed a letter calling to drop the charges and the student code of conduct investigations against the Fight Fees14, and thousands have signed the online petition.

The message is clear; students will not be deterred from exercising their Charter Rights and right to academic freedom. We will join together to take a collective stand against this systemic assault on equity and access on campus and gather outside the upcoming Governing Council meeting.


Join us in sending a message to President David Naylor to STOP CHARGING STUDENTS!

WHAT: Rally Demanding Accessible Education and an End to Charges

WHEN: Thursday, April 16 at 4 pm

WHERE: Simcoe Hall, 27 Kings College Circle, University of Toronto

BRING: Pots, pans and anything loud; banners; and all your friends

Press Release

For Immediate Release: Toronto - Wednesday, April 15, 2009

RALLY DEMANDS ACCESSIBLE EDUCATION

And an end to the criminalization of dissent at the University of Toronto

Rally at UofT’s Governing Council Meeting:
Thursday, April 16th, 4:00 p.m.
Simcoe Hall, 27 Kings College Circle
Speakers, performances, free food

U of T’s Governing Council is proposing a further 4.5% tuition fee increase. This fee hike will amount to close to $40 million in revenue coming directly from students’ pockets. In addition, last week theFaculty of Arts and Science voted for ‘flat fees’, which will force students taking 3 or more courses to pay as much as those taking a FULL COURSE LOAD.

The community will gather Thursday, April 16 at 4 p.m. to protest these unprecedented fee hikes and also to support the remaining four out of 14 students/allies with charges from last year’s demonstration against rising fees at the University of Toronto. Over 100 professors have since signed a letter addressed to U of T President David Naylor in support of the Fight Fees 14 and against UofT’s attempts to penalize student dissent. These tactics are clearly meant to deter students from protesting against the University’s continual fee hikes. Toronto Police charged the 14 individuals a month after the peaceful sit-in on March 20, 2008 following UofT’s threats to investigate students under the Code of Student Conduct. The letter, signed by most of the 100 professors states:

"It is evident that the University of Toronto’s administration collaborated with Toronto Police in pressing charges against fourteen members of our university community. It is further evident that this move was taken to repress the expression of dissent at a time when the University administration is publicly and aggressively calling for the commercialization of student fees through deregulation."

A year later the case is unwinding as charges against most have been dropped; four others await trial in September after refusing to sign a peace bond that prevents them from exercising their Charter Rights to participate in peaceful protest on campus and attend Governing Council meetings. Joeita Gupta, VP External of the Association of Part-time Undergraduate Students (APUS) and incoming UofT Student Governor says,

"Students are saying ‘enough is enough’. Across the board U of T is cutting access programs and increasing tuition fees to unprecedented levels. Simultaneously they put millions towards elite sports and expanding business administration. This time they have crossed the line. We will stand together to speak up against these increases andagainst the criminalization of students who are leaders in advocating for the rights of students.

Join students and concerned community members on Thursday, April 16th, 4:00 p.m. to hear speakers and live performances.

Contact for media interviews: Joeita Gupta 416-918-1935 and Katie Wolk 647-830-5283

More information: fightfeescoalition.blogspot.com and www.fightfees.ca or email us fightfeescoalition@gmail.com