Reaction Statement From David Matas About The University of Toronto Review by Justice Cromwell
Reaction Statement From David Matas About The University of Toronto Review by Justice Cromwell
Reaction Statement From David Matas About The University of Toronto Review by Justice Cromwell
These are my comments. I welcome the conclusion by Justice Cromwell that no formal offer in
any legal sense was made to Valentina Azarova and consequently no accepted offer was
rescinded, that the position had the status of administrative staff, that the inquiry by an
alumnus did not in any way affect the decision by the Dean and did not affect the academic
freedom of faculty members, and that the Dean had not been consulted about and had not
approved resort to the LMIA process and that after looking at the resumes of some of the
Canadian applicants, he would not have approved proceeding by that route as in the Dean’s
opinion there were qualified Canadians for the job. I especially welcome the review of Justice
Cromwell for the light it shines on the internal attempts by the Search Committee to misrepresent
its role, and to foist an unqualified candidate on the University.
Valentina Azarova was unqualified for the position of director of the International Human Rights
Clinic because of her long past history of focus on Israel virtually alone, her extreme one sided-
published criticisms of alleged human rights violations by Israel and her prolonged professional,
active, visible association with a variety of virulently anti-Zionist organizations. These concerns
are elaborated at length in the submission B'nai Brith Canada made to Justice Cromwell, but
which Justice Cromwell did not address as not within his mandate.
Ms. Azarova was also not qualified because there were qualified Canadians who applied for the
position and had to be given priority. The failure of the Search Committee to do this, to pretend
that there were no such candidates, to give the impression that they had the final say, and to
attempt to bully the University into choosing Ms. Azarova is the troubling story of the Cromwell
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Review. It is ironic that the Search Committee was guilty of the very reprehensible behaviour of
undue pressure on the University that others had accused outsiders of having imposed and that
Justice Cromwell found did not occur.
Justice Cromwell recommends an attempt at reconciliation with Ms. Azarova. I suggest that this
effort be limited to a letter of apology about the manner in which the Search Committee misled
her by not exploring with her the real problems her candidacy presented to the University,
something both she and the Committee itself acknowledged failed to happen, by ignoring
qualified Canadian candidates which the Search Committee well knew should have been given
priority and by giving Ms. Azarova the impression that their endorsement of her candidacy would
be the final result and then attempting to present the University with a fait accompli.
The B'nai Brith Canada submission to Justice Cromwell demonstrated, in my view, the unfitness
of Ms. Azarova for the duties of the position of director of the International Human Rights Clinic of
the University of Toronto. Be that as it may, freedom of expression and academic freedom in a
university context cannot just mean freedom of expression within the University. It also must
mean freedom of expression outside the University about the University.
The University needs to do more than just reaffirm basic principles. It needs to establish
institutional links with the community so that community concerns about University activity can
be communicated to the University in an open transparent way.