St. Thomas University is taking the New Brunswick government to court to find out how much funding it provides to other universities in the province.
The Fredericton university contends its annual operating grant is $1.4 million less than it should be and suggests its students aren't getting a fair shake.
In February associate vice-president Jeffrey Carleton filed a right to information request with the province seeking funding details for the University of New Brunswick, the University of Moncton and Mount Allison University, dating back to 2013-14.
We have more female students, we have more Indigenous students and we have more first-generation students and we're perplexed that the government won't recognize this anomaly in their funding formula.- Jeffrey Carleton, STU associate vice-president
"Over the past three-and-a-half months the response has been scattered and disorganized and not helpful to getting a simple answer to a simple question," Carleton said on Thursday.
"We feel the government has not been forthcoming and now our recourse is to go to the Court of Queen's Bench."
In documents filed with the court in Fredericton earlier this month, St. Thomas University is seeking an order to compel the government to provide the requested funding information.
The legal action comes just months after the province's three other publicly funded universities signed agreements with the provincial government for an annual one per cent increase in operational funding for the next three years followed by a two per cent bump for 2020-21 and a two per cent tuition cap for New Brunswick students enrolled in a program in 2018-19 or earlier.
The government declined to comment on the case before the courts, but the Department of Post-Secondary Education did provide information to STU on May 17, spokesperson Leah Fitzgerald said.
Carleton acknowledged he received "a significant amount of documents" from the department on Wednesday but said they "seem to be disorganized and incomplete."
He plans to submit a revised affidavit with the court, requesting that the information STU is seeking be provided in a "simple and easy to understand manner."
The matter is scheduled to be heard on Aug. 27 at 9:30 a.m.
STU is seeking itemized lists of all funds provided to three other universities between 2013-14 and 2017-18, including the amounts, which provincial department the money came from and its stated purpose.
"This would include, but is not limited to, funds from any provincial government department, office, secretariat, agency, board, Crown corporation or commission for any purpose whether it be for university operating grants, operating grant modification or adjustments, capital grants, program expansion grants, special projects or research projects," Carleton's request states.
"This would also include any payments, adjustments, grants, joint projects with the government of Canada, flow through from the government of Canada, or capital and non-capital development projects."
Request transferred
Carleton initially sent the information request to the head of the Executive Council Office on Feb. 16, but an official responded later that day, saying the office did not have the requested information, according to his sworn affidavit, statement of facts and appendices filed with the Court of Queen's Bench on May 7.
The request was transferred to the head of the Department of Post-Secondary Education, Training and Labour and the head of Treasury Board.
In his sworn affidavit, Carleton says David Gormley, privacy officer with the Department of Post-Secondary Education, told him on March 22 that the department would need a 30-day extension to complete the request, "due to the large number of records involved."
Gormley said he would respond to the request for information no later than April 22, according to the documents.
On April 17, Treasury Board president Roger Melanson, who is also the minister of Post-Secondary Education, replied to the request saying "part of the information" Carleton was seeking is protected under the act.
Section 17 (1)(b) states: "The head of a public body shall refuse to disclose to an applicant information that would reveal the substance of deliberations of the Executive Council, including but not limited to: discussion papers, policy analyses, proposals, memorandums, advice of similar briefing material submitted or prepared for submission to the Executive Council."
Melanson noted that information is available to the public on the Treasury Board website under "Other Information - Unaudited Supplementary Supplier Lists" for the fiscal year ending March 31 of each year.
Carleton said he wasn't sure if Melanson replied on behalf of Treasury Board alone or the Department of Post-Secondary Education as well, so he inquired.
On April 23, he was told Melanson had replied only on behalf of Treasury Board, he said.
'Disappointing'
Other than the Department of Post-Secondary Education's notice of an extension, Carleton said he didn't receive anything else from the department until Wednesday.
On April 24, a Treasury Board official followed up, advising Carleton the Regional Development Corporation might have information related to his request.
But Kim Lawrence, policy adviser about, programs, strategy and performance excellence for the Treasury Board refused to transfer his request to the corporation, saying he would have to file a new request for information, he said.
The government's response has been "disappointing," said Carleton.
STU students 'underfunded'
"It's clear that St. Thomas students are underfunded compared to other students in the province," he said, citing the findings of a provincial commission 10 years ago.
The commission found "St. Thomas alone suffers from a funding a anomaly and it should be corrected as soon as possible."
"We have more female students, we have more Indigenous students and we have more first-generation students and we're perplexed that the government won't recognize this anomaly in their funding formula and take steps to correct it," Carleton said.