Photo: KTW file
The International Building on the campus of Thompson Rivers University.
Thompson Rivers University senators “had a gun to their head” after the university’s president told them last year that a decision on whether to axe the visual arts program would be made with or without their input.
That’s what a B.C. Supreme Court judge was told Wednesday as the TRU Faculty Association argued that the university was acting illegally when the board of governors voted to cut the program.
TRUFA filed a petition for judicial review, claiming the university breached the TRU Act and acted outside its powers while deciding to shutter its visual arts programs over a three-year period.
TRU filed a response refuting the claims, saying its process was “transparent, reasonable and fair.” The university has asked for the petition to be dismissed with costs.
It was the first time TRU enacted its program reduction policy and was a highly contentious decision.
Following two days of arguments this week at the Vancouver Law Courts, B.C. Supreme Court Justice Maria Morellato on Wednesday reserved her decision.
What is advice?
Much of the deliberation Tuesday and Wednesday at the Vancouver Law Courts centred on a TRU senate meeting in January of 2024 in which senators were tasked with providing TRU’s board of governors with advice on the proposed cuts.
Senate had previously declined to provide advice because the board never passed a motion asking for advice.
After TRU President Brett Fairbairn told senate a decision on whether the programs would be cut would be made with or without their input, senate chose to send the board three reports it had previously received “as advice.”
TRUFA lawyer Steven Rogers argued the reports did not constitute advice and the board never formally asked for advice, which would mean the university breached the TRU Act when the board voted to cut the programs.
“At no time did the senate provide to the board any comments with respect to the documents, or any recommendations or advice with respect to the proposed continuance of visual arts programs,” he said.
TRU lawyer Patrick Gilligan-Hackett said the board did ask for senate’s advice and a motion by the board is not required to do so. He said that advice came in the form of the reports.
“There is no statutory requirement that the senate’s advice to the board take any particular form,” Gilligan-Hackett said.
Rogers said “senate had a gun to their head” when Fairbairn told them a decision would be made with or without their advice. Gilligan-Hackett called it “political leveraging” following months of deliberation on the matter and pressure to come to a decision.
When was it discontinued?
TRUFA’s petition also took issue with the way applications to the program were suspended in April of 2023 — months before the decision to phase out the programs was made.
Gilligan-Hackett said visual arts faculty were advised by the dean of arts and VP academic on April 20, 2023, that the programs were not viable and they were being considered for discontinuance. They were also told if that happens, enrolment would be suspended.
A copy of an April 20, 2023, email sent by the dean of arts to the university’s registrar office asking to close applications to the visual arts programs, with the VP academic’s permission, was filed in court.
But according to an affidavit by a faculty member, visual arts faculty were told at that meeting the decision had already been made to discontinue the programs and enrolment had been suspended.
“Our position is that it amounted to a discontinuance when they suspended and advised that a decision had been made to discontinue,” Rogers said, which would be a breach of the TRU Act.
Gilligan-Hackett argued TRU did not breach the act in doing so and enrolment had already been accounted for the September 2023 semester.
No decision yet
TRUFA is seeking an order setting overrule the decision to discontinue the programs, and a declaration that the university breached the TRU Act and acted beyond its powers.
TRU said such a declaration is not warranted and wouldn’t serve any purpose, and contested the request to set aside the decision to cut the programs.
Morellato will deliver her decision at a later date.
