The Ontario government is facing a lawsuit from an erstwhile Progressive Conservative ally in a development that revives the controversy over Canada Christian College's (CCC) application to become a university.
The application for judicial review from Charles McVety and CCC puts the socially conservative friend of the premier into direct conflict with the government. In the document McVety argues that the Postsecondary Educational Quality Assessment Board (PEQAB) acted in a "biased" manner against the college, that the minister did not fulfill promises he made and that when CCC fixed issues in its application the process was suddenly changed.
"The fix was in," the court application charges.
The defendants are PEQAB and the minister of training, colleges and universities.
Dr. James Brown, the CEO of PEQAB, said that he could not comment on a matter that was before the court.
In a statement to QP Briefing Scott Clark, the spokesperson for Minister of Colleges and Universities Jill Dunlop, said that the government stands by its process. "The government has consistently said that it supports the independent, expert and non-partisan review of the Postsecondary Education Quality Assessment Board and that it would only proclaim Schedule 2 of Bill 213 based on the review of the Board."
The government passed the legislation in December 2020 but chose not to proclaim it following PEQAB's recommendation not to.
In fall 2020, the government took intense criticism for including CCC's bid to become a university rather than a college and grant arts and science degrees in an omnibus bill. The government was condemned by a variety of stakeholders and all opposition parties, and even lost a symbolic vote officially condemning CCC when dozens of PC MPPs who were at Queen's Park chose not to show up to vote against the NDP motion.
Throughout the controversy then-minister Ross Romano maintained that the government was following the process and all applicants deserved a fair shot.
McVety alleges that the government, in its bid to stymie the CCC application due to public pressure, imposed additional standards on his school that others are not subjected to in the Post-secondary Act by essentially making the PEQAB process binding instead of non-binding. "The PSA does not establish a process wherein the provincial legislature passes legislation approving a name change or change to degree granting rights which legislative decisions are then subject to further scrutiny by the Minister or by the PEQAB." Elsewhere, the court application states, "The PSA does not provide for the grant of rights based on a legislative and ministerial process — its own plain language demonstrates that these processes are mutually exclusive." (Emphasis in the original court document.)
In May 2021, CCC submitted an updated draft application to PEQAB with new information which it hoped would address the previous concerns. It was rejected within two weeks, with the court application saying, "On May 17, 2021 Dr. Brown, without any initiating event, wrote to CCC to inform it that there would be no “appeal” of the PEQAB’s pending recommendation to the Minister (as would be available under a typical section 5 PSA review)."
The turning point, according to McVety, was the involvement of Kory Teneycke, the owner of the lobbying firm Rubicon and the campaign manager for the PC re-election effort. McVety claimed that he is trying to push social conservatives out of the party's coalition.
While McVety has long been a friend and ally of Doug Ford — he backed him in his leadership bid, the premier has appeared in special birthday greetings for the problematic evangelical leader, and they have shared stages together — the premier no longer takes his phone calls, he said in an afternoon press conference. "Ever since Kory took charge," he said by way of what explained that change.
But the premier's former close ally warned against the dynamic Teneycke has with the premier, saying that as the owner of a lobbying firm — albeit one who does not now directly lobby himself — and the campaign manager he has conflicts that pervert the public interest. "Government should not be for sale," McVety told QP Briefing, explaining that he distinguishes between paid lobbyists and people like himself who advocate on behalf of their own interests. "It's all an incestual mess," he said of the mixed interests in the PC government.
McVety's broadside against the government comes at an awkward time. The legislature has now resumed, and the government will face daily questions from the opposition, which could revive a focus on CCC. It also turns back the clock on the issue while the PC government is eager to hit reset in the lead-up to the 2022 election.

Government faces court case from erstwhile ally McVety

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