“We took this Government to Court and Won”

Three judges from the Ontario Divisional Court made the unanimous decision to quash the “Student Choice Initiative” (SCI). 

Following the announcement last night, the Canadian Federation of Students (CFS) and the York Federation of Students (YFS) held a press conference earlier today at Queens Park to address the court’s decision that deemed the SCI unlawful.

“It is clear that this government is not for the students,” Kayla Weiler, the Ontario representative of the Canadian Federation of Students, told reporters.

“This was never about choice,” said Weiler, who went on to reiterate a sentiment heard many times over the last year and throughout the press conference, the SCI is “about the Ford government trying to silence the exact bodies that hold them accountable.”

The SCI has been seen by many as an attack on students and an attempt to silence student voices. Many campus groups affected, including newspapers, students associations, and radio stations, were the ones that sought to provide students a platform to exercise their voice.

“When you attack one of us you attack all of us,” said Weiler.

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For more:

• Why Doug Ford’s attack on student press is an attack on journalism as a whole
• Feeling the Effects of the Student Choice Initiative

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Next to speak was Fatima Babiker, President of the York Federation of Students.

“We took this government to court and won,” she told reporters. “This victory was for students and by students … For every single student on our campuses … This victory means that we are finally able to begin servicing students in the way they are asking for.”

Chris Glover, MPP (Spadina—Fort York) and NDP critic for Colleges and Universities also spoke. Echoing the sentiment expressed by the CFS and YFS, he said the SCI was not about saving students money, “Ford didn’t want students to be able to mobilize against this round of cut or the next round of cuts.”

Referring to the money that campus organizations lost this year as a direct result of the SCI, he said, “The government should make up for this shortfall … Doug Ford should make up for this shortfall.” However,  no clear indication of how this might happen was offered.

 

The Court’s Decision

The court’s decision to strike down the SCI was made in order to uphold the autonomy of Colleges and Universities. 

Goldblatt Partners LLP, who represented the CFS and YFS in their challenge to the SCI, first filed on May 28, 2019, stated in a press release that,“the Court recognized that for more than 100 years, Ontario universities have benefited from autonomy from political interference in their affairs.”

The Court held that both Cabinet and the Minister lacked the authority to interfere with the internal affairs of universities; lacked any authority to interfere with the collection of student union fees; lacked any authority to interfere with democratic decisions taken by students respecting their student association membership fees; and lacked any authority to interfere with arrangements between universities and student associations regarding the collection and remittance of student union fees.

What happens now?

The court’s decision is a win for students, but exactly what happens now remains unclear. 

The question as to whether the Ford government will appeal the court’s decision remains.

Goldblatt Partners stated, “Given the unanimous decision of the Divisional Court, it is to be hoped that the Government will respect the decision and not pursue any appeals.”

 

More to come.