Lawyers allege ex-dean misused U of M funds “It just stinks of a big, stupid coverup,” source says

A group of University of Manitoba-affiliated lawyers has sent a confidential letter to the Law Society of Manitoba, outlining their shared and all-but-certain belief the school’s former law dean misused faculty funds.

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Hey there, time traveller!
This article was published 13/08/2020 (1598 days ago), so information in it may no longer be current.

A group of University of Manitoba-affiliated lawyers has sent a confidential letter to the Law Society of Manitoba, outlining their shared and all-but-certain belief the school’s former law dean misused faculty funds.

Noting their duty to report, the six signatories — two of which are currently practising law in the province — came forward with concerns Friday about conduct that both raises a substantial question about another lawyer’s capacity to provide professional services and the individual’s “honesty, trustworthiness and competency as a lawyer.”

University of Manitoba        



Jonathan Black-Branch -  Dean of Law
University of Manitoba Jonathan Black-Branch - Dean of Law

The lawyer in question is Jonathan Black-Branch, who took over the post of dean of Robson Hall in 2016. Black-Branch’s five-year term was abruptly cut short in recent months, with no explanation provided to his colleagues or the public.

In the Friday letter, which was obtained by the Free Press, the lawyers cite details from the U of M’s newly released 2019-20 Public Interest Disclosure (Whistleblower Protection) Act report.

The report details a single internal investigation, which found a senior employee committed wrongdoing, “with respect to the purchase of goods and services, conflict of interest, and mismanagement and misuse of funds.” Findings also indicated the unnamed employee directed others to commit wrongdoing, according to the Winnipeg-based institution.

“We believe it is reasonably likely, albeit not certain to us, that the investigation concerned Dr. Black-Branch,” states the letter penned by the U of M-affiliated lawyers.

“These reasons include Dr. Black-Branch’s own earlier mentions last fall that the central administration of the university was intensively looking into his management of certain programs and his sudden and unexplained leave of absence and later complete departure from the university.”

Black-Branch did not respond to repeated requests for comment before deadline Friday.

The former dean went on leave from U of M in early May and it remains unclear why. At the time, former associate dean Bruce Curran assumed the role of acting dean until July 1, when prominent lawyer and businessman David Asper was appointed to the position. Curran and Asper have both declined to comment on the matter, instead redirecting a reporter to the university’s communications office.

MIKAELA MACKENZIE / WINNIPEG FREE PRESS FILES
Prominent lawyer and businessman David Asper was appointed to the position of acting dean on July 1.
MIKAELA MACKENZIE / WINNIPEG FREE PRESS FILES Prominent lawyer and businessman David Asper was appointed to the position of acting dean on July 1.

One source with close ties to Robson Hall — who told the Free Press they are “100 per cent” certain Black-Branch is the senior employee implicated in the whistleblower report — described the former dean’s management style as “forgiveness is easier than permission.”

The staffer, who spoke on the condition of anonymity for fear of reprisal at work, said the internal investigation’s aim was to find out where upwards of $1 million went. Black-Branch is alleged to have spent university funds on everything from repeated business-class travel upgrades to his own personal Ivy League training, the source said.

Another source corroborated details about a shift in how expenses were approved this year. Typically, both sources said, staff would give expenses to the financial officer for approval, and then, to the dean for another approval round. In recent months, Black-Branch stopped giving the second approval, they said.

According to the whistleblower report, the U of M’s internal review revealed the school’s “internal control weaknesses” related to discretionary funds, the non-purchase order invoice process and the monitoring of spending patterns of expense claim submissions.

“We believe it is reasonably likely, albeit not certain to us, that the investigation concerned Dr. Black-Branch.”
– Letter penned by U of M-affiliated lawyers

A third source who worked with Black-Branch said he was often away on international travel and hard to contact, making it nearly impossible for him to complete his duties as dean. The individual said the situation makes them feel “incredibly ill” since the allegations against Black-Branch undermine both the faculty’s work and integrity.

The sources who spoke to the Free Press said the university has asked faculty members not to speak to reporters. “It just stinks of a big stupid cover up,” said the first source, adding it’s clear Black-Branch was not properly supervised.

“We have a public trust as a law school, we are part of a taxpayer-funded institution, we have a dean who’s purporting to lead and advance the minds of the next generation of practicing lawyers across Canada — and if he’s unethical and misappropriating funds, it’s simply not right to have that go unaccountable for.”

The U of M declined multiple requests for an interview.

“The university is committed to taking measures in order to safeguard the funds entrusted to it and to ensure processes, procedures, and related accountabilities are in place,” wrote spokesman John Danakas in an email Friday.

A group of lawyers has linked an internal University of Manitoba investigation into misused funds to the former dean of Robson Hall law school. (Trevor Hagan/Winnipeg Free Press files)
A group of lawyers has linked an internal University of Manitoba investigation into misused funds to the former dean of Robson Hall law school. (Trevor Hagan/Winnipeg Free Press files)

Danakas said the university takes public accountability “very seriously” and part of that means abiding by requirements in legislation related to confidentiality and privacy. “Failure to do so can have serious consequences for the institution,” he wrote.

The whistleblower report states the university accepted the review’s recommendation it initiate further analysis of the school’s control issues through a separate audit or review processes. The Office of the Auditor General of Manitoba is also currently considering a potential audit of the U of M.

At present, Black-Branch is listed as a practising lawyer in Manitoba on the law society’s website. Up until July 1, he was also listed as a bencher; the acting law dean automatically assumes a position on the society’s governing body.

Deirdre O’Reilly, communications officer for the Law Society of Manitoba, said in a statement Friday the society may choose to investigate any conduct that calls into question the integrity of a lawyer.

Complaints and investigations are confidential, O’Reilly said, adding the lawyer subject to a complaint or investigation is entitled to practise law pending a determination of the allegations of professional misconduct, unless they have been suspended to protect the public.

maggie.macintosh@freepress.mb.ca

Twitter: @macintoshmaggie

2019-2020_PIDA_annual_report

Maggie Macintosh

Maggie Macintosh
Reporter

Maggie Macintosh reports on education for the Winnipeg Free Press. Funding for the Free Press education reporter comes from the Government of Canada through the Local Journalism Initiative.

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