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| VOLUME 29, NUMBER 25 | WEDNESDAY, MARCH 24, 1999 | ISSN 1199-5246 |



Getting Our Act Together:
A Look at the Genesis of York's Charter Legislation between 1955 and 1959

By John Court

Official opening of York Campus, October 15, 1965: (left to right) Robert Winters, Chairman of the Board of Governors; Governor-General Georges Vanier; Madame Vanier; Wilfred Curtis, Chancellor.

The York University Act, bestowed with Royal Assent by Ontario's Lieutenant-Governor Keiller Mackay on March 26, 1959, had narrowly escaped enshrining several high moral and social aims for this university. Only after its second stage of formal petitioning to the Legislature when comments were provided by government bodies was our charter legislation relieved of certain "objects and purposes" that Mike Harris and today's politically right fringe, nostalgic for a mythical "Leave it to Beaver" era, would have endorsed. Among those that were trimmed was a proposed duty...

 
3 (d). To exert a strong moral force on society as a militant upholder of spiritual and intellectual values and an enemy of moral declension, complacency and apathy.

What survived is instead, for the most part, a model of elegant simplicity. In honour of its 40th birthday the full text of our charter legislation has just been uploaded to the University Website, at: www.yorku.ca/admin/univsec/index.htm

This, then, is a synopsis of how various competing ideals (and personalities) for higher education that culminated in the 1959 passage of the York University Act were thoughtfully sifted and negotiated over the preceding four years.

The University of Toronto (U of T) initially opposed the idea of a second university in this city. Its leaders clambered aboard the organizing venture late in 1958 with an affiliation proposal, however, after its corporate donors began to suggest scaling back their contributions if two separate universities would soon be approaching them. Les(lie) Frost, Ontario's wily Premier and a longtime political crony of the U of T Board Chair, Eric Phillips, reluctantly signed on to the York idea at about the same time, but with modest support in principle only. He consented to a private member's bill (not a government bill) and the proposed affiliation with U of T, while withholding any commitment towards operating funding support until late in December of 1959. That wasvintage Les Frost. Although several other post-secondary initiatives were inching forward in response to the era's pressing social, demographic, political and economic forces, Frost as their flint-eyed arbiter (in folksy sheep's clothing) refused to let all but a few past the starting gate.

The "Y" Connection

York's original progenitors had been steadily developing the initiative in quiet earnest since 1955. They were based in an organization dedicated to, and experienced in adult education since 1873, yet independent of government and other powerful interests -- the YM-YWCA. Eight American colleges and universities were then affiliated with, or operated by the "Y". Its Canadian track record included a pioneering adult education program that was turned over to U of T in the 1920s, followed by the founding of Carleton College (later University) in Ottawa and Montreal's Sir George Williams College (later University, subsequently part of Concordia). Of the latter's 5,000 students at that time, 85 per cent were enrolled in part-time or evening studies.

The Toronto region had lagged behind in that respect. When in 1955 the Dominion Bureau of Statistics report by Dr. Ted Sheffield, a former Carleton registrar, pointed up the urgent need for a quantum advance in university facilities, this was Canada's only large metropolitan area with just one degree-granting institution. Moreover, despite the "Y" having provided U of T with a running start at adult education so long ago, its record by the 1950s was pitiful. In 1981, York Social Sciences professor and former Atkinson dean, Delmar McCormick Smyth wrote: "In the late 1950s Toronto had the smallest percentage of part-time adult students, as compared with full-time students, proceeding to university degrees of any major university centre in Ontario."

The minutes of the "University Project" or "Organizing Committee," as it was known until adopting the York name in 1958, are preserved in our university Archives along with the fonds of three of its members - Edgar Alberts, Arthur Hackett and Dr. J. Roby Kidd. Along with formal minutes, Hackett and others subtly recorded intimations of the often-conflicting visions that steadily unfolded. After two years of deliberations based at the North Toronto YMCA, the committee in 1957 sought out participation from other organizations that were interested either in part-time adult education or full-time industrial training at the post-secondary level. Some of latter members believed that an educational institution should also be a moral force in defense of the freedoms and socio-political values of western civilization, against the Cold War threat of the Soviet Union. That ideology provided the context for certain draft objectives that crept into the original bill, such as the above-quoted excerpt.

By 1958 the group's leadership leaned toward emphasizing academic ideals -- the personal growth and humanistic values of knowledge, the pursuit of truth through structured learning, application of the scientific method and allied intellectual pursuits - sometimes mocked by opponents as "the ivory tower." They felt that York should soon evolve from a modest launch as a university college into a university devoted to a fully-rounded education in the liberal arts and sciences, including a prominent role in part-time adult education.

The subtext of those themes was to carve a niche distinct from U of T and, more subtly, one based on loftier ideals. Practical corollaries would be put in place to support those ideals. The curriculum, for one, would be broadly based. Smaller groupings of students would enjoy more frequent and meaningful contact with the faculty, as in the Oxbridge and Ivy League models, ultimately to gain broader intellectual horizons and critical faculties. Those ideals survived partly intact when they were joined late in the following decade by a resuscitated occupational training thrust, emerging in the form of business and law schools competing directly with the city's older university and others around the province.

Air Marshall Curtis Gets York Off the Ground

From 1957 the Organizing Committee's chair was Air Marshall Wilfred A. Curtis, Vice-Chairman of A.V. Roe Aircraft and subsequently of Hawker Siddeley. "Wilf" Curtis (1893-1977) was a World War I flying ace who ultimately soared to the pinnacles of the RCAF in the Second World War and business in the post-war era. He quickly and with uncommon dedication became the organizing group's figurative giant, striding through that decade's insulated corridors of power to advance the York vision and see it carried through. He was our only founder to serve with the Organizing Committee, the Provisional Board of Governors (as Chairman of each in turn) and the new University itself as its first Chancellor. It can only be through accidental oversight that his name has not yet joined the pantheon of other leading pioneers after whom colleges and large buildings have been named.

On Nov. 15, 1957 Curtis and two other members persuaded the provincial Education Minister, Dr. W.J. Dunlop, to discuss with his staff and the Attorney General their suggestion of a provincial charter for the proposed, new institution. The organizers also considered the option of incorporating under the Companies Act as an interim step, as Carleton had done in its early stages, but the gathering momentum seemed to render that unnecessary. The following month they began to plan for a strategic brainstorming session to be held with top representatives from related bodies such as the other "Y" colleges, Carleton and "Sir George," as well as U of T and the Canadian Association of Adult Education. They briefly considered dubbing this session a "community consultation" but discarded that prospective literary conceit in favour of calling it a "Round Table."

 
It was certainly more the latter than the former. Consistent with the customs then prevailing for elite governance of important bodies, there was no thought given to including client-group representatives such as high school or university students, nor any groups traditionally disadvantaged or excluded from higher education. It was also reflective of the times that the group's meetings were held in comfortable, often restrictive settings such as members' homes, the University Club, or in this case, the Granite Club. (Just over two years later through the impetus of historical coincidence and university demographics, small clutches of York's first students -- the writer grateful when invited along -- would sometimes adjourn to the Granite Club, then a deeply exclusive bastion of privilege on St. Clair Avenue, for a round of billiards.)

At the Round Table session on Feb. 8, 1958 Carleton's Dean of Arts and Sciences, Dr. J.A. Gibson, observed that they had obtained their charter in 1942 via a private member's bill in the provincial Legislature. He urged the York group to seek status as a non-sectarian institution having the right to grant degrees, since the latter provision would ensure qualification for membership in the National Conference of Canadian Universities, hence at least the eligibility for seeking federal and provincial grants. A general consensus was also reached to "concentrate initially in the area of fundamental courses as opposed to applied courses -- a Liberal Arts course."

Roby Kidd brought on Board

One of the external authorities who contributed to the Round Table was the Executive Director of the Canadian Association of Adult Education, Dr. J. Roby Kidd (1915-1982), a former undergrad from "Sir George" with a doctorate in Education from Columbia. To the surprise of no one acquainted, at least by reputation, with this soon-to-be distinguished Professor of Higher Education at O.I.S.E. and Canada's leader of that field, Dr. Kidd's wise counsel led to his being persuaded to become a regular member of the Organizing Committee. He brought the adult education perspective while championing with Curtis, committee secretary Alan Clarke and others the broadly-based arts and sciences model. Two years earlier Kidd's paper, "Liberal Education for Business Leadership" had been published in a book of readings entitled "Towards the Liberally Educated Executive."

During the fall of 1958 the organizers decided that the new university's academic freedom would best be served by an arm's-length autonomy from other interested organizations, including the "Y". Nevertheless they were receptive to the aforementioned offer of a temporary affiliation advanced by U of T's Board Chair and President who, along with the Premier, had turned 180 degrees on the question of whether Toronto
needed a second university. At a meeting on Dec. 8, 1958, U of T's President Bissell favoured incorporation for York initially as a university college, later to evolve into a university. By then, however, the organizers favoured immediate university status, and that view prevailed. Both parties agreed that York could assert its independence from U of T whenever it "considered the time desirable and practical." In the meantime U of T would be consulted on academic matters, including the appointments of an academic head and faculty.

With Frost agreeing later that month to pave the way on the fast track for a Private Member's bill, the committee appointed two members, Stanley Deeks and Arthur Hackett, as a subcommittee for drafting its proposed wording. The matter seems to have been substantially delegated to them since there were four other subcommittees then occupying this small coterie of volunteers: curricula, property, facilities and general financing. They did, however, add Toronto lawyer Nick Berry as a short-term legal advisor to assist them with the wording and processing. (Frost's support at that stage was modest to the point of trifling. The Ontario Legislature later invoiced York's Provisional Board for $251.40 as a processing fee - an amount that they could not yet afford to pay. Berry on the other hand, a partner of the McMillan Binch law firm, evidently contributed his services pro bono.)

The bill was a relatively compact 29 sections on 61/2 pages (compared, for example, to the U. of T Act's 129 sections on 50 pages), so it is feasible as well as interesting to consider some of the issues that did or did not arise as it worked its way through the various stages of consideration.

The Founders

Section 2 named the eight members of the Organizing Committee, whose services were continued as the Provisional Board of Governors (BoG) members via s.7. When the first regular BoG was selected by Frost and his Cabinet the following December, only Curtis as our founding Chancellor was asked to continue. Murray Ross put his finger on the situation at the December press conference announcing his presidential appointment and the new Board appointees; viz., that some heavy duty financial arm-twisting was going to be needed: "The major problem involved in starting a second university..." and the "primary condition for success" was "whether a Chairman and a Board of Governors could be found who could mobilize the resources necessary to build a first-rate institution of higher learning."

Indeed, York's board clearly was chosen to address that concern and mirror that of its recently adopted parent university. U of T's Bissell relates in his memoirs that it was "bristling with prominent Toronto businessmen." Still following the older university's lead, whose first and only woman board member (from 1827) had just been appointed in the preceding year, 1958, there was also one woman member, listed as "Mrs. John David Eaton".

York discreetly chose to market its pedigree as an offshoot of U of T rather than the "Y," so the former Organizing Committee and Provisional BoG members (other than Curtis) quickly fell out of public notice and the official record. In the fullness of time the university came out of that closet by honouring five of them with honourary degrees, at our June, 1981 convocation: Alberts, Deeks, Hackett, Kidd and Arthur Margison. Two months later Professor Kidd, an Officer of the Order of Canada, was also named an Honorary Fellow of Founders College.

One of their surviving number, however, missed out on that thoughtful gesture. Roby Kidd, writing with sincere thanks to President Ian Macdonald, went on to express the view that the honorary graduates should also have included the YMCA and Committee Secretary, Alan Clarke, "who had a most important part in organizing the Committee, and keeping the project alive and moving forward." The oversight was duly rectified in 1992 when the university conferred upon Alan Martin Clarke the degree of LL.D. (Hon.).

The Debate over York's Objects and Purposes

The legislation subcommittee originally drafted six grandly proclaimed "objects and purposes," one of which, subsection 3(d), is quoted above. When Nick Berry wrote on Feb. 13, 1959 to his two subcommittee colleagues he pointed out that "it was very strongly suggested by the Department of Education that Section 3 be greatly simplified," which moreover "has always been my own view and I feel that we should now give this matter some more very serious thought." The other objects and purposes that had fallen onto the legislative cutting room floor were as follows:

  • In subsection (a), although the advancement of learning
    and dissemination of knowledge passed muster, "the pursuit of... wisdom, truth and understanding" did not; nor the phrase, "to act as a repository thereof;"

  • An initially wordy subsection (b) was honed down to the existing sub. (b);

  • Along with sub. (d) already quoted, subs. (c), (e) and (f) were dropped:

    (c). To uphold and defend the principles of freedom and democracy and endeavour to instill in its students, its staff, its members, and the public a zeal and fervour therefor;

    (e). To promote the achievement of an understanding of the impact of national and international developments on our way of life based upon a thorough knowledge of national and international affairs and the vigorous implementation of well advised action for furthering and protecting the ideals and aims of our way of life;

    (f). To work in co-operation with other school authorities, to improve the educational system in order that the full potential of our human resources may be developed most effectively through the proper training, encouragement and selection of those possessing suitable qualifications for higher education.

    Whatever the Education ministry may have thought of York's originally proposed objects and purposes, the simplified version at least took on a virtue of consistency. The final wording as enacted was identically incorporated into new legislation for Laurentian University of Sudbury, one year and two days later.

    Other Modifications

    The number of BoG members was originally proposed to mirror U of T's with 24 members including the Chancellor and President. That was amended such that the Board itself could determine its number up to 24, a change which Berry noted was desirable as being "more fluid." Several other differences from the older university reflected changing ideas for governance, such as the York BoG appointing its Chair from among its members rather than Cabinet doing so, and dropping the requirement that members be British subjects (which included Canadians) customarily resident in Ontario.

    Fundamentally, the bicameral division of powers was perpetuated. This arrangement had characterized university governance since the 1906 U of T Act, whereby general management, property and financial control were vested in the BoG while the professoriate through the president and senate retained authority over the creation and administration of academic programs. At U of T the Chair, always a high-profile volunteer, was implicitly the CEO. A vice president reported directly to him for overseeing the administrative, finance and property staff and responsibilities. The president, appointed by the BoG, was fully delegated to oversee academic affairs and staffing, which included an academic vice president (then Murray Ross).

    The major departure for the York Act lay in its provisions for the president. The job description now included two new (for Ontario) conjoint titles, Vice Chancellor and chief executive office (CEO). These stately accouterments reflected that this Board would appoint its president with operational responsibility and staff supervision over both governance bailiwicks, rather than just the academic side. This was likely the preference of Education Minister Dunlop, who was known to chafe at having to deal directly, rather than through paid public sector officials, with Eric Phillips (an Argus Corp. tycoon) on the BoG Chairman's side of the business. Dunlop would then watch helplessly as Phillips bypassed him to finalize vital or contentious matters directly with his political crony, the Premier. The new CEO model was carried forward for Laurentian the following year, while reverting to the normal practice of getting along without appending the redundant, British "Vice Chancellor" synonym.

    No Power to Expropriate

    Another fundamental departure was an absence of the power in legislation to expropriate property for the university. This oversight seems to have occurred inadvertently, since it had been a benefit long enjoyed by U of T that moreover was perpetuated the following year in Laurentian's legislation.

    The older university was making extensive use of that provision during the latter half of the 1950s in the Bloor-College area around Spadina Avenue. To occasional howls from the neighbourhood,
    U of T vacuumed up most of those 26 acres for the "St. George West" extension to its downtown campus. The idea was for the university to bargain on a willing-buyer/willing seller basis unless the seller tried to hold the university up to ransom, as a public body perceived to have deep-pocketed government backing. Then the expropriation power would be invoked to ensure that the taxpayers paid fair market value, usually with a reasonable premium for the seller'sunwillingness and inconvenience.

    Faculty and Administration 1961-1962:

    First row (left to right) Professor Douglas G. Lochhead, Librarian; Dr. Alice W. Turner, Mathematics; Dr. C. David Fowle, Biology; Mrs. Edith Guild, Spanish; The President; Mrs. Clara Thomas, English; George Harjan, Russian, Professor Edgar W. McInnis, History. Second row (left to right) Professor John R. Seeley, Sociology; Dr. George Tatham, Dean of Students; Dr. Norman S. Endler, Psychology; Dr. I.R. Pounder, Mathematics; John K. Armour, Director of Physical Plant. Third row (left to right) Dr. Lester J. Pronger, French; Dr. O Robert Lundell, Chemistry; Dr. Hugh N. Maclean, English; Dr. G. Donald Jackson, French; John D. McFarland, Philosophy; Dr. Vello Sermat, Psychology; John F. Bruckmann, History; Lionel Rubinoff, Philosophy. Fourth row (left to right) Lloyd E. Jenkins, Director of Information and Development; Howard Langille, Director of Recreation and Athletics; Dr. Arthur C. Johnson, Director of Campus Planning; Dr. Douglas V. Verney, Political Science; Dr. C. D. Goodwin, Economics; Professor Denis Smith, Political Science; Donald S. Rickerd,Registrar; Neil M. Morrison, Dean of the Joseph E. Atkinson Evening College.

    Sometimes might can be right. In York's early years the power to expropriate would have provided much-needed student facilities. A creative BoG study in 1961 proposed the re-integration into the parent Glendon lands of the Wood family daughter's former "Chedington" residence, built adjacent to Glendon in 1928 but by then in the hands of a successor owner. BoG's 1960 Property Committee minutes reflect that they had ascertained the market value of acquiring the property as in the range of $175 to $275 thousand. The Board's subsequent planning study identified the Chedington house and lands as ideal for both the first home of Atkinson College and a starter student residence for Glendon.

    When they approached the owner, however, he remained adamant in demanding $500 thosand -- double or more its appraised value. The whole idea had to be abandoned, and as we are now reminded daily by the looming presence of two apartment condos on Glendon's doorstep, after 1988 any chance to acquire the Chedington property was permanently lost to the university.

    The Test of Time

    Certain laws such as the Criminal Code set out prohibitions designed to maintain public peace and order. The other category is "enabling legislation," to provide strong authority that will stand up in the courts (if need be) and direct governing administrative bodies in achieving publicly worthwhile goals. Charter legislation is the democratic successor to Royal Proclamation charters such as that granted to Canada's oldest corporation, the Hudson's Bay Company by Charles II in 1670, and still partly in force.

    The York University Act reflects a tradeoff of flexibility in place of elaborate specificity, since issues not addressed by the legislation are left for the organization to govern on its own, through bylaws and matters of policy. Those rules are more readily updated and kept relevant than through the elaborate and inordinately time-consuming process of amending legislation. The York Act addresses certain basic functions traditionally specified in legislation, while assigning to both the Board of Governors and the Senate the power to make bylaws and regulations for the conduct of their affairs. Apart from establishing certain fundamental powers for each and outlining their general constitutional make-up the Act has, by and large, delegated to York University a substantial opportunity and responsibility for its various internal communities to negotiate self-governance on a basis acceptable to all.

    John Court, an independent historian and archivist, was a member of York's founding class of 76 students in 1960. For several years during the 1970s and '80s he was a senior legislative policy advisor for the Ontario Government.



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