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15 April 2010 By Stephen
Lendman
On October 21, 2008, for the
first time in school history, the University of Ottawa
(U of O) Faculty of Science, without cause,
deregistered undergraduate Marc Kelly, an exemplary
student, expelling him for the semester and preventing
him from completing the final three courses he needed
to graduate. The official email sent him read:
"The Faculty of Science has been
asked to deregister you. (This) message is to notify
you that you are no longer registered...."
The official reason was the
Department of Physics' displeasure over the nature and
methods of his valid, legitimate research, twice
secretly rejecting it, then informing him through pro
forma letters saying, "It is common sense that (your
research) has to use physics tools and physics
knowledge."
Kelly was never contacted or
questioned. When he tried approaching Physics Chair
Bela Joos for an explanation, he refused to see him,
suggesting this action wasn't over academic
performance, but for publicly supporting tenured
Professor Denis Rancourt, unfairly fired as explained
below and in detail in an early April article titled,
"Targeting Academic and Speech Freedoms: The Case of
Canadian Professor Denis Rancourt."
In March 2009, it was for his
political activism - specifically, courageously
supporting oppressed Palestinians, criticizing the
university's refusal to academically boycott Israel,
and gallantly backing what U of O officials and
President Allan Rock opposed - a former Canadian
politician, UN ambassador, and staunch Israeli
supporter.
Affected also was Mahdi Darius
Nazemroaya, student and former Fulcrum Publishing
Society (FPS) Ombudsman (U of O's English-language
student newspaper) until his March 2010 Board of
Directors dismissal for supporting Rancourt,
criticizing offensive FPS reports about him, refusing
to stay quiet and go along, and confronting Business
Manager Frank Appleyard's violation of FPS rules by
simultaneously working for President Allan Rock and
the FPS. His case was discussed in an April article
titled, "Targeting Activist University of Ottawa
Students."
Kelly's
Background
An exemplary U of O physics and
math undergraduate, he worked for Rancourt as a
research assistant. In December 2008, he was arrested
for trying to film proceedings at a school Senate
meeting, inspired by the University's Vision 2010, in
particular the phrase: "transparency and
accountability are the principles that guide our
university governance." The Senate is U of O's highest
academic matters governing body.
At the time, proceedings were
open to the public, and no policy prohibited
videotaping them, members of the media having
previously done it freely. This time Vice
President/Provost Robert Major and then Vice President
Governance Nathalie Des Rosiers objected. Kelly
explained his rights and suggested the issue be raised
at the next Senate meeting.
Instead, Major had the Ottawa
police arrest him, treat him like a common criminal,
handcuff and forcibly remove him, criminally charge
him with disturbing the peace, then tell him he'd be
released if he signed a freedom restriction agreement
barring him from campus.
Kelly protested, explained he was
a U of O student and employee. Administration
officials lied, saying he was neither. After his
release, he was under constant surveillance, reports
then sent to police. When he tried registering for a
course at the Faculty of Science undergraduate office,
police were informed to stop him.
A year later, criminal charges
were dropped but not his U of O banishment. On
November 13, 2008, Allan Rock publicly assailed him.
In January 2009, he (and Rancourt) were arrested at a
campus event where he was making a presentation on
student activism. Afterward, the Crown and U of O
pressured him to accept a Peace Bond under Section 810
of Canada's Criminal Code - to excuse the university
from a court defense and have Kelly agree to stay off
campus. At the time, the Crown Prosecutor and U of O
collaborated with Ottawa police, acting no differently
than in a police state.
On May 14, 2009, late at night,
police arrested Kelly again, criminally charged him
with "breaching his (campus prohibition) conditions,"
and jailed him. One charge was for questioning Allan
Rock at a public event - his legal right under Section
2(b) of the Canadian Charter of Rights and Freedoms,
affirming among other provisions that:
Everyone's "fundamental freedoms"
include....freedom of thought, belief, opinion and
expression, including freedom of the press and other
media of communication (as well as) freedom of
peaceful assembly (and) freedom of association."
During summer 2009, after
negotiations with Des Rosiers, an agreement was
reached as follows:
-- Kelly would fast track his
degree, avoid taking three additional mandatory
electives, and finish his course requirements at
Carleton University, except for one course at U of O
(MAT 2762);
-- U of O would clear his debt;
-- it would award him a $3,500
scholarship; and
-- would ask the Crown Prosecutor
to drop all charges.
Ahead of the fall semester, U of
O Legal Council Alain Roussy emailed Kelly the
agreement, introducing several previously unmentioned
provisions. They not only prohibited his taking civil
action, but also, under Ontario's Trespass to Property
Act (a provincial law dealing with illegal entry into
private and public property), indefinitely prohibited
him from applying to any U of O undergraduate or
graduate program for the next five years. Yet the
university failed to deny his right to apply for
graduate work, and student protests continue in his
behalf.
In February 2010, he was arrested
again at the Student Federation U of O (SFUO) Senate
Appeals Committee (SAC), where he was discussing his
abusive treatment. Dean of Science, Andre Lalonde,
spotted him, and alerted police to arrest him.
At first, under Trespass to
Property Act provisions, they asked to see the SAC
student union lease. The Act defines a domain's "legal
occupier." Union leader Sean Kelly (no relation and
SAC Student Appeal Officer Mireille Gervais, a law
student, explained it.
U of O lawyer Roussy countered,
saying the university "owns all the property." Kelly
was then arrested for trespassing. So was union
President Seamus Wolfe "for disturbing the peace by
swearing," despite Canada's Charter of Rights and
Freedoms affirming everyone's free expression right,
cussing included.
Kelly's struggle for exoneration
and reinstatement continues against outrageous U of O
injustice - determined to deny him, disgracing the
university, its complicit officials, and their
debasement of fundamental democratic freedoms.
Lost Academic and Speech Freedoms
As Well As A Conducive Teaching and Learning
Environment
Lost also is U of O tradition,
stated in its "Mission, Vision and Values" as
follows:
"Since 1848, the University of
Ottawa has been Canada's university: a reflection, an
observatory and a catalyst of the Canadian experience
in all its complexity and diversity. Our university is
characterized by its unique history, its commitment to
bilingualism, its location both in the heart of the
national capital and at the juncture of French and
English Canada, its special commitment to the
promotion of French culture in Ontario and to
multiculturalism. As a result and through the
groundbreaking work of our community members, we are
uniquely positioned among Canada's research-intensive
institutions to give students a remarkable education,
to enrich the intellectual and cultural life of Canada
and to help the country achieve greater international
prominence."
U of O claims to be "what Canada
represents;" that it:
-- "places its students at the
core of its educational mission....;
-- values cultural
diversity....;
-- builds strong partnerships to
fulfill its social responsibilities; and
-- encourage(s) freedom of
expression in an atmosphere of open dialogue, enabling
critical thought, supported by intellectual integrity
and ethical judgment."
U of O corrupts this code under
an abusive administration, assailing academic and
speech freedoms in support of privilege and power,
ruthlessly enforcing them at the expense of its
students and faculty. It's intolerant of progressive
activism, and dedicated to replacing truth, open
expression and fundamental justice with authoritarian
control - what Rancourt calls "emergent fascism
(through) an optimized balance of force and a designed
mental and social environment (under which)
Independent thought is eliminated (and its) influence
rendered foreign," Canadian universities no longer
safe havens. US ones never were with very rare
exceptions.
America already is in advanced
decay, Canada close behind toward a dark future,
prevented only by "authentic (determined grassroots)
rebellion."
Today Denis Rancourt, Mahdi
Darius Nazemroaya and Marc Kelly - Tomorrow Anyone
Advocating Progressive Ideas and Principles - A
Chronology of Other Post-October 21, 2008 Events
On October 27, 2008, the Student
Federation University of Ottawa (SFUO) publicly
released a letter to President Rock titled, "Flagrant
Mistreatment of Students and Disregard of SFUO
Nomination Rights," demanding redress for grievously
mistreating Kelly and international student Ting Ting
Wang. It also insisted U of O officials accept Kelly's
SFUO Senate Appeals Committee (SAC) nomination.
SAC has eight members - six
full-time professors, one undergraduate, and one
graduate student. It has final say over student
appeals with regard to "regulations governing
admissions, promotions and degree requirements, and
any other (U of O) academic regulations (as well as
recommended) disciplinary sanction, or appeal(s)
referred to the Committee by the Senate or its
Executive Committee."
Vice-President/Provost Robert
Major defamed Kelly, calling him mentally unstable to
block his nomination. Addressing students at the time,
President Rock implied they have no say over Senate
Appeals Committee nominations of professors and
executives. Under his authority, U of O is despotic,
ruthless, and dismissive of fundamental academic
principles, ethics, freedoms, and responsibilities.
On November 10, 2008, activist
students defeated an Administration attempt to
institute a Student Code of Conduct, arguing that an
Executive Code was needed instead to curb abuses of
power, especially by Allan Rock, calling his behavior
toward Kelly "inexcusable (by its) disproportionate
use of force."
On October 21, 2009, SAC members
accused Administration officials of persecuting Kelly
for "having spoken out and for having ultimately taken
his grievances to President Rock." In 2008, he filed
multiple U of O appeals and publicly denounced
injustices committed against him.
On November 11, 2009, Rancourt,
in a letter to Des Rosiers and the Canadian Civil
Liberties Association, called for her CCLA resignation
for her role in:
-- Rancourt's political firing;
-- banning him, a tenured
professor, from campus;
-- persecuting a student for his
activism and public statements;
-- assailing academic and speech
freedoms;
-- implementing a required
"snitch-line for all university staff;"
-- refusing to investigate and
stop illegal covert surveillance of a professor's
legitimate political and academic activities;
-- targeting a student the same
way;
-- acting unethically and
irresponsibly; and
-- making unjustified, bogus
accusations.
On November 29, 2009, the Crown
Prosecutor dropped criminal charges against Kelly, and
was prepared to drop others in exchange for his
accepting a Peace Bond as explained above. Kelly
declined, wanting the court to stay the charges. On
June 2, a judge will hear them.
On January 20, 2010, U of O
imposed a "final solution" on Kelly, demanding he
accept its terms, despite no cause and without
explanation. SAC vigorously opposed it. Academic and
speech freedoms hang in the balance. So do democratic
rights in a free society, no longer assured in Canada
or at an abusive university, at the expense of its
student body and academic staff, tenure no assurance
of protection nor Canadian law.
Stephen Lendman lives in
Chicago and can be reached at lendmanstephen@sbcglobal.net.
Also visit his blog site at sjlendman.blogspot.com and
listen to cutting-edge discussions with distinguished
guests on the Progressive Radio News Hour on the
Progressive Radio Network Thursdays at 10AM US Central
time and Saturdays and Sundays at noon. All programs
are archived for easy listening.
http://prognewshour.progressiveradionetwork.org/
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