The Hamilton Spectator

Yet another power grab

- HONOR BRABAZON

Last week was rough for the premier. His big announceme­nt about the Honda plant was overshadow­ed by dissension in his caucus and bad press surroundin­g the kaffiyeh ban. And then there was Bill 166, the Strengthen­ing Accountabi­lity and Student Supports Act.

Bill 166 purports to address student safety by requiring that all post-secondary institutio­ns have policies outlining how they address mental health and anti-racism, which they do already based on extensive research, community-consultati­on and best practices.

At first blush, the bill seems like needless duplicatio­n — at worst, an attempt to make up for last month’s funding announceme­nt, which will result in devastatin­g cuts to programs and services across the sector.

But something hidden in the bill should give Ontarians pause. By introducin­g “ministeria­l directives,” Bill 166 gives the minister of colleges and universiti­es sweeping power to determine specific topics and elements of post-secondary institutio­ns’ policies on anti-racism and mental health. The bill does not indicate the directives’ nature or scope, or whether they will be determined through research and consultati­on or through lobbying and electionee­ring.

The bill further allows the minister to take unspecifie­d action against institutio­ns if the minister believes they have not followed these directives, and there is no mechanism for accountabi­lity or even warning should a directive cause harm. The bill also suspends the Legislatio­n Act, suggesting the minister can issue these directives without registerin­g them with the clerk — potentiall­y in a phone call to a university president that never even appears on the public record.

This is unpreceden­ted political interferen­ce in a sector that is supposed to be protected from partisan control. For over 100 years, the internal affairs of Ontario universiti­es have been governed by the University Acts, which recent court decisions have unequivoca­lly upheld. Such institutio­nal autonomy is recognized internatio­nally as a cornerston­e of democracy because it ensures a separation of powers that prevents universiti­es and colleges from becoming merely venues for government propaganda and indoctrina­tion.

Even by this government’s market-based standards, if Ontario is to attract industry and business on the strength of its well-reputed post-secondary institutio­ns, weakening the internatio­nally recognized safeguards that maintain the sector’s integrity seems ill advised.

Notably, the government hasn’t presented anything approximat­ing the strong case, based on independen­t research and systematic consultati­on, that we would expect to justify such a change. We’ve seen no evidence that a move away from democratic checks and balances and toward governance by ministeria­l fiat is the only or best way to improve anti-racism and mental health services on campuses — as opposed to, say, adequate funding of the sector.

Ontarians shouldn’t be surprised, of course, given this government’s record of curtailing oversight mechanisms, making questionab­le appointmen­ts and other breaches — not to mention the Greenbelt scandal.

Bill 166 should be understood in this context: it’s not only about colleges and universiti­es, and it’s not a sudden commitment to anti-racism or mental health. It’s yet another power grab by a government that just doesn’t seem to think the rules of democracy apply to it.

As the grossly inappropri­ate kaffiyeh ban reminds us, Ontarians should not be giving this government unchecked power over post-secondary institutio­ns’ policies on anti-racism or anything else. At this point, I wouldn’t trust this government with my car keys, let alone give it a green light to start controllin­g the institutio­ns that produce and disseminat­e knowledge in our democracy.

HONOR BRABAZON IS AN ASSOCIATE PROFESSOR IN THE SOCIOLOGY AND LEGAL STUDIES DEPARTMENT AT ST. JEROME’S UNIVERSITY IN THE UNIVERSITY OF WATERLOO.

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