STUDENT STRIKE ADVISORY

QUEBEC STUDENT STRIKE: CHAREST ATTACKS STUDENTS CIVIL LIBERTIES

BILL 78 & THE QUEBEC STUDENT STRIKE
The government of Quebec under Premier Jean Charest introduced a regressive emergency law, Bill 78 An Act to enable students to receive instruction from the postsecondary institutions they attend, that would severely undermine the constitutional right to free association. As the Quebec student strike has persisted for more than 14 weeks in an effort to oppose the governments attempts to end a decades-long tuition fee freeze, the government is now seeking to break the strike through legislation. The bill is anticipated to pass after it is debated in the Quebec National Assembly on Friday, May 18. When institutions resume classes, employees must report to work and perform their duties; Except in the event of a strike, employee associations or unions are not allowed to participate in concerted actions contravening the requirement to report for work and carry out work duties; No one may deny a person access to a university or CGEP campus or impede students rights to student or attend class. Demonstrations or actions are prohibited inside campus buildings, on campus grounds or within 50 metres of the outer limits of campus grounds; Employee associations, unions and student associations must employ appropriate means to ensure students, staff and faculty respect the Act.

BILL 78 SUMMARY
SUSPENSION OF CLASSES: The bill suspends the winter 2012 term for most CGEPs; The bill suspends the winter 2012 and summer 2012 terms for most universities; Classes will resume within the last two weeks of August unless otherwise agreed to by each of the institution, student association, labour union and Minister of Education.

SPECIAL POLICE POWERS: Organizers must provide 8 hours notice of a demonstration involving 10 or more people taking place in public must be provided to police; Organizers must provide written notice including the date, time, duration, venue, route and means of transportation of a demonstration must be provided to police; The police may order a change of venue or route of a demonstration which organizers must comply with and inform participants of; Organizers must fully ensure that the police-approved demonstration details are completely adhered to.

DELIVERY OF INSTRUCTION: Institutions may alter the length of time needed for a term of school; Students cannot be penalized if terms are shortened;

CANADIAN FEDERATION OF STUDENTS MAY 2012

2012 QUEBEC STUDENT STRIKE ADVISORY

ATTACK ON STUDENT ASSOCIATIONS: Institutions are required to report any inability to deliver instructional services to the Minister of Education. Information about the campus student association must also be included; If the Minister determines that a student association has not complied with the Act the Minister may order the institution to cease collecting student association fees and cease providing previously agreed upon use of space, premises, furniture etc., to the student association; If the Minister determines that a provincial student federation fails to comply with the Act, the Minister may order all student associations who are members to cease paying membership fees or make contributions to the federation for a period equal to one term per day that instruction is not possible as a result of the failure to comply with the Act.

ADDITIONAL NOTES: Institutions, student associations and employee associations may enter into an agreement so that students can continue to receive instruction if an order or injunction existed before the beginning of the Act; Previously filed judicial proceedings including injunctions and applications for injunctions will be discontinued as of the date of coming into force of the Act; An Institution must provide any information that the Minister requests for the purposes of this Act within the time limit specified by the Minister; The provisions of the Act end on July 1, 2013 or earlier if determined by Government.

MORE THAN A STRUGGLE FOR THE RIGHT TO EDUCATION

While public support for affordable public postsecondary education continues to grow across Canada, students outside of Quebec must take action to support the Quebec student strike given the current developments. If Bill 78 passes and is enforced damage will not only be done to the accessibility of Quebecs public post-secondary education system, but also to free expression and association of the student movement across Canada.

EXCESSIVE FINES: Those deemed as offenders of the Act (i.e. those that decide to continue to demonstrate against tuition fee hikes) will be fined as follows: $1,000 - $5,000: Individuals; $7000 - $25,000: Senior officers, spokespeople, or employees of a student association or federation or an organizer of a demonstration; $25,000 - $125,000: Student associations, student federations, employee associations or unions.

FOR MORE INFORMATION

The full text of Bill 78 can be viewed at: www.documentcloud.org/documents/357492quebec-education-special-law.html
*Note: this summary provides a brief overview of Bill 78. It is not intended to provide every detail and will be updated as more information becomes available.

Fines prescribed are doubled for a second or subsequent offence.

CANADIAN FEDERATION OF STUDENTS MAY 2012