Latest news with #SupremeCourtofNewfoundland
CBC
16-04-2025
- Politics
- CBC
MUN student protester wins against university in Supreme Court decision
Years after being sanctioned, a student who was punished over protesting at Memorial University has won his say in the Supreme Court of Newfoundland and Labrador. Matt Barter, who was accused by the university of bullying and intimidation after silently protesting the university's tuition hikes in late 2021, says he is relieved. "For the Supreme Court to intervene, the decision has to be really, really bad," Barter told CBC Radio's On The Go. His protest involved holding a sign that read "Stop Vianne" while silently standing next to now-former university president Vianne Timmons at a media briefing on Dec. 2, 2021. The university later claimed Barter violated the student's code of conduct, and its lawyer said his protest was a form of bullying. As a result, Barter was banned from campus, except to attend classes, for three months while an investigation was launched into his actions. The following investigation imposed sanctions on Barter for two offences: bullying and causing a disturbance. He was given a letter of reprimand, ordered to attend a bullying seminar and was placed on non-academic probation for one year. Barter appealed the investigation's findings, but lost. He then decided to take legal action against the university to review the administration's decision. His case was heard in court in March 2023 and the decision was released on Sunday. Justice Rosalie McGrath found that the university's sanctions against Barter were unreasonable, and sent it back to the university for reconsideration. She also awarded legal costs to Barter. In a statement, MUN spokesperson Chad Pelley says the university will reconsider its decision to punish Barter. Pelley says McGrath found that MUN followed due process, adding she also agreed with MUN's claim that Barter conducted bullying and harassment. "While I may not have necessarily have come to the same finding based on the evidence I have referred to above, I cannot say that the conclusion reached was not within a range of reasonable outcomes," wrote McGarth in her decision. "It's not my role on judicial review to interfere with factual findings or re-evaluate the evidence." Barter's lawyer, Kyle Rees, says he's happy with the outcome. It's not typical for the court to make a judicial review of an administrative decision, says Rees, as the process to apply for one is not easy. Rees says the university's decision to punish Barter didn't consider provisions that address the right to peaceful protest. "Something needs to be truly disruptive to create a disturbance beyond what should be expected of sort of free speech and free protest at the university in order for it to be sanctionable under the code," said Rees. As a result, he says the judge sent the decision back to the university with instructions of what to consider next. Barter says he has been involved in protest against the university's tuition increase and spending decisions since he began as a student in 2015. Barter has continued protesting and looking into information about the university. He has issued more than 400 access-to-information requests from the university, and publishes them on his personal blog. He says MUN is trying to stop him from doing his investigative work. "They've pretty much conducted a targeted campaign against me," said Barter. As for what happens next, Pelley said that will be communicated with Barter's lawyer.
CBC
27-03-2025
- Business
- CBC
Insolvent archdiocese seeking court order to gain access to Portugal Cove South church
Social Sharing The Roman Catholic Episcopal Corporation of St. John's is turning up the pressure on a group of defiant Catholics in Portugal Cove South who have taken extreme action to prevent their small, rural church on the southern Avalon Peninsula from being sold. The corporation, which is the land-holding arm of the St. John's archdiocese, has applied to the Supreme Court of Newfoundland and Labrador for an injunction that prevents anyone from interfering with rightful access to the property. The corporation is also seeking an order from the court declaring that the archdiocese is entitled to sell Holy Rosary church as part of its ongoing and historic liquidation of assets. The application will be be heard by Justice Garrett Handrigan on April 4. Court documents filed by lawyers for the corporation on March 14 allege that those who changed the locks on the church last fall, posted "No Trespassing" signs, and have spoken publicly about their opposition to a sale, have interfered with the operations of the corporation with actions that amount to "trespass and nuisance." An unidentified person entered into an agreement in June 2024 to purchase the church, but backed out after the locks were changed and access to the property was restricted, according to the documents. Actions having "chilling effect" on sale process The documents include an affidavit from Archbishop Peter Hundt, who wrote that the corporation is the "legal owner" of the church and has been in "exclusive possession" of Holy Rosary since at least 1956. Hundt also disputed a claim by community members that they held an "equitable interest" in the church stemming from their efforts to raise $134,000 to renovate the church more than five years ago. He said the actions by members of the Portugal Cove South Historical Corporation — composed almost entirely of longtime parishioners of Holy Rosary — have had a "chilling effect" on efforts to sell the church, and other assets owned by the archdiocese. "The [episcopal corporation] recently received correspondence from another parish stating that they refuse to allow their church to be sold and that they have plans to repeat what has happened in Portugal Cove South," Hundt wrote in his affidavit. Geoff Budden, a lawyer for dozens of victims granted compensation due to abuse by Catholic clergy, said he will support the application when it is brought before Justice Handrigan next week. He said small, rural churches like the one in Portugal Cove South are being listed for well below $100,000, and "if the community wishes to preserve the church, that shouldn't be a sum of money outside of their capacity to raise. Many other communities have done it," he said. Cynthia Power, a member of the PCS Historical Corporation and one of the select keyholders for the church, declined comment when contacted Thursday by CBC News. She said members of the historical corporation will meet in the coming days to plan a response to the pending court action. Buyers not welcome in Portugal Cove South Last fall, Power told CBC News that prospective buyers of the church "will not be welcome in our community, and we do not want this church to be anything other than what it is now." The archdiocese has been under court-ordered bankruptcy protection since late 2021, after it was found to be vicariously liable for the abuse suffered by those who attended the former Mount Cashel orphanage in St. John's, and at the hands of clergy or lay religious orders linked to the archdiocese. Last summer, Justice Handrigan approved a settlement of roughly $104 million to be shared among nearly 300 claimants, but the settlement total is expected to grow because Handrigan ruled in favour of 59 victims in December who appealed after their claims were disallowed during the independent review process. As of September 2024, a pool of funds totalling just under $40 million had been raised through the sale of assets, including churches, parish halls, buildings and vacant land. An initial payment of roughly $22 million was distributed to victims last fall, but the archdiocese is still well short of the money needed to settle the claims. "The [episcopal corporation] has been acting in good faith" to liquidate its assets in and address its liabilities to the victims of sexual abuse, the court documents read. Archbishop Hundt has declined repeated requests for a recorded interview, but has said that all Catholics must "accept the hurt and consequences of the sins committed against the innocent."
