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CAUT Bulletin Archives
1996-2016

December 2002

Olivieri Wins Settlement

Ending a dispute that lasted more than seven years, Nancy Olivieri, four colleagues who risked their careers to support her, and the University of Toronto Faculty Association reached a settlement with the University of Toronto and the Hospital for Sick Children in November.

"We see the settlement as vindication of Dr. Olivieri and her colleagues, a victory for academic freedom and scientific integrity, and a step forward for the university and the hospital," said CAUT executive director James Turk.

"This is one of the most important cases that CAUT has supported in our 50-year history. We have played a very active role because researchers must have the right to publish their findings, patients and the public must have the right to be informed, and scholars and academics must have academic freedom to pursue truth and knowledge."

The case of U of T researcher Nancy Olivieri has been the focus of international attention since Apotex, corporate sponsor of her clinical trials of its drug, attempted to suppress her findings of unexpected risks. The company abruptly terminated the trials and issued warnings of legal action against Olivieri should she inform her patients at the Hospital for Sick Children of the risks, or publish her findings. An independent committee of inquiry into the matter concluded that neither the university nor the hospital, where Olivieri holds joint appointments, offered her appropriate support in her conflict with Apotex.

"I'm extremely pleased with the settlement we've reached," Olivieri said. "It's an important day not just for me and my colleagues, but also for clinical faculty across Canada. It's taken seven long years, but we've reached a deal that sends a very clear message that our academic freedom and scientific integrity cannot be compromised."

Olivieri expressed her appreciation to CAUT, the University of Toronto Faculty Association and especially her colleagues Helen Chan, John Dick, Peter Durie and Brenda Gallie - all eminent researchers who faced difficult times for supporting her.

Under the only terms of the agreement made public, the university and the faculty association will establish a special working group to review research publication policies and the policies and procedures relating to conflicts of interest.

"The working group is an important element of the agreement," said faculty association president George Luste. "It signals that both UTFA and the university are committed to ensuring that all our members, including those at affiliated teaching hospitals, will be able to freely report their research findings."

Luste commended UTFA's council and its current and past officers, and, in particular, former faculty association presidents Bill Graham and Rhonda Love, for their determined role in defending academic freedom over a number of years. He also expressed appreciation for the support of CAUT and its executive director, James Turk, which Luste said was essential to success in reaching a settlement.