January 3, 2024
Dr. Neil Bose
President and Vice-Chancellor
Memorial University
Via email: munpres@mun.ca
Dear Dr. Bose,
Re: Application to Disregard Access-to-Information Requests
It is with deep concern that I write regarding your recent decision to apply to disregard my access-to-information requests. In a letter published in the MUN Gazette on April 11, 2023, you pledged to improve the flow of information with students, faculty, and staff and to build “a stronger culture of transparency and openness.” Unfortunately, it has become clear that these statements were merely empty promises.
It is disappointing that Memorial continues its targeted actions against me, albeit with different tactics. The smear campaign and the weaponization of the Student Code of Conduct, led by the since-terminated Chief Risk Officer Gregory McDougall, failed to silence my voice. Now, it appears the university administration is attempting to weaponize another process to not only silence one of its most vocal and effective critics but to withhold information of public interest.
Memorial University’s administration initiated a targeted campaign against me due to my journalism and peaceful protests of its financial mismanagement. In December 2021, under since-removed President Vianne Timmons, Memorial banned me from campus for three months, placed me on probation, and mandated an anti-bullying seminar—all for engaging in peaceful protests and exercising my rights as a journalist. These measures were punitive, unjust, and an assault on free expression and democratic principles. I had no choice but to take that matter to the Supreme Court of Newfoundland and Labrador, as Memorial’s actions represented an attack on journalism, the free press and democracy. The trial at the Supreme Court was nearly two years ago, but I am confident that when the Judge renders their decision, I will be vindicated.
On September 16, 2024, I filed two access-to-information requests, one for Genesis Centre special purpose financial statements and another for C‐CORE financial reporting.
As the head of the public body, you applied to the Information and Privacy Commissioner of Newfoundland and Labrador for approval to disregard the request because you were of the opinion that it fit under Section 21 of ATIPPA, 2015:
(c) the request would amount to an abuse of the right to make a request because it is (ii) unduly repetitive or systematic.
The Commissioner dismissed your application, and on October 30, 2024, Memorial provided responses to the requests.
I note that the Commissioner also ruled in a report that Memorial should provide responses to my access requests for Genesis and C-Core Executive bonuses. You decided to challenge this decision at the Supreme Court and have spent $42,608.88 on fees for an external lawyer in an attempt to hide that information from the public.
As a journalist, I have published over 600 articles on Memorial exposing financial mismanagement, such as the extravagant costs of head-hunting firms used for executive searches and lavish office renovations. Many of the “findings” in the performance audit of Memorial by the province’s Auditor General were published on my website months before they were released in that report. It appears that my persistent uncovering of information that is embarrassing to the university administration has made me a target of retaliation.
Your behaviour is inappropriate and unethical. All students are entitled to a university experience free from inappropriate, unfair and objective conduct by Memorial employees and officers, as per the ‘Respectful Learning Environment Policy’ process. Under that procedure, a Memorial employee or officer who conducts themselves in such a manner towards a student will be subject to an investigation by the appropriate department and may face sanctions accordingly.
That process recommends that the student approach the offending employee informally before commencing a formal complaint. Please take this as informal notice that I consider your decision to apply to disregard my access-to-information requests as a bad faith action and worthy of investigation.
As a resolution, I am requesting a written public apology from you and your office. In the event that same cannot be delivered by close of business on Tuesday, January 7, 2025, I will file a formal complaint with the Director of Support Services in the Office of Student Life.
If the administration does not cease and desist its targeted behaviour, I reserve the right to pursue further action including legal remedies.
Sincerely,
Matt Barter
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