As emailed to Principal Woolf by Mark Jones and Jordan Morelli (as movers of the motion to get Senate legal advice on its own academic authority), and copied to all Senators, on 30 March 2012. The Principal responded on 30 March that Justice Iacobucci has also been given the consolidated Charter, and he reiterated that he would not share Diane Kelly’s opinion with the Senate. He also offered a correction: Justice Iacobucci “has been retained by the Board of Trustees, not the Senate.”
Dear Principal Woolf,
We believe that you said in your recent Senate report that you had provided or would provide Justice Iacobucci with relevant documents, including our Motion, the “Purpose and Functions of Senate,” and David Mullan’s and Diane Kelly’s opinions. We are uncertain, however, what others you mentioned and so we are writing to request that you let Senate know, as it has a right to know, of all information and documents Justice Iacobucci has been or will be given as being pertinent to the questions before him.
While we understand your declining to share with Senate the written opinion of Diane Kelly on the grounds that she produced it for the Principal, we hope you will not mind our asking for it again; our understanding is that in such a case it is your prerogative rather than Ms. Kelly’s to waive the privilege. Our reasons for this request are two: one is that it would be extraordinary for Senate to retain legal assistance to comment on a document to which Senate itself does not have access. The second is that since Ms. Kelly’s opinion has already been invoked in justification for actions that circumscribed the authority of Senate and of the Arts and Science Faculty Board, those bodies have a democratic right to inspect the grounds by which their authorities were circumscribed.
Mark Jones and Jordan Morelli