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 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 McGrath 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.

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