McGill, Concordia can take Quebec to court over tuition hikes, French requirements, lawyers say

Story by Joe Bongiorno • 23h

Michael Norman Bergman is no stranger to fighting Quebec in court.

As the lawyer representing the Task Force on Linguistic Policy, an English-language advocacy organization, he has challenged Bill 96 — a law that restricts the use of English and other minority languages in the province.

Earlier this week, the Quebec government revised its plan to hike tuition fees for out-of-province students, bringing fees up by several thousand dollars.

But the revisions didn't end there. Citing what it calls a decline in French in Montreal, the government announced that 80 per cent of out-of-province students enrolled at a school will need to attain intermediate French proficiency by the time they graduate — or that school may lose provincial funding.

While McGill's principal, Deep Saini, called the province's actions a "targeted attack" on its English-language universities, Higher Education Minister Pascale Déry said the changes weren't an assault on anglophones.

As fingers continue to be pointed, lawyers like Bergman are saying Quebec's English-language universities may have a strong legal case against the government.

He's considering recommending the Task Force on Linguistic Policy include the new tuition hikes and French-language requirements as part of their lawsuit, whether or not the universities want to take legal action themselves.

"What's going on right now is that we're seeing a generalized, broadly based initiative by the government of Quebec to restrict and restrain use of English by every available means," said Bergman.

What the province is doing in respect to English universities, he added, goes against the section of the Canadian Charter of Rights and Freedoms that guarantees the ability of all Canadians to reside in any part of Canada they choose.



Michael Norman Bergman says Quebec is pursuing actions to restrict the use of English by whatever means necessary. (Submitted by Michael Bergman)© Provided by cbc.ca

"Here in our province, Canadian citizens are being targeted by special measures," he said, noting former Quebec leaders swore not to touch English-language universities and institutions, thereby offering them a degree of protection.

But he's not the only lawyer who thinks there's a solid case to be made before the courts.

Since Premier François Legault took power in 2018, civil rights lawyer Julius Grey has fought against Bill 96 as well as Bill 21 — legislation which some critics say targets religious minorities.

Most recently, he's turned his attention to Quebec's actions regarding its English-language universities.

"I think it could be challenged in court because discrimination on the basis of language is discrimination," Grey said. "You could find it justified either under Section 15 of the Canadian Charter or even more explicitly under Section 10 of the Quebec Charter.

"I definitely think it should go to court because the politicians have proved unwilling to stand up to this new Quebec nationalism."

Although not as complex as Bill 96 or BIll 21, Grey calls the tuition changes "particularly ridiculous," arguing they place undue limits on all Quebecers, regardless of their mother tongue.



Sylvia Martin-Laforge, director general of the Quebec Community Groups Network, says Quebec is attacking English institutions. (CBC)© Provided by cbc.ca
Damage already being done

According to Sylvia Martin-Laforge, director general of the Quebec Community Groups Network, the province's actions have left English-speaking Quebecers feeling "disenfranchised" and "frustrated."

"It's a bigger deal than tuition. It's an assault on the institutions of the English-speaking community," she said.

Martin-Laforge describes the government changes as legislating on the basis of "identity politics" and in a way that may be discriminatory, and the more she hears from Déry, the more "troubling" she finds the government's reasoning.

Martin-Laforge believes the provincial government is giving itself two black eyes — one by harming Montreal's reputation as a welcoming, inclusive university city, and the other by creating a potential impact on the economy.

Andrew Caddell, president of the Task Force on Linguistic Policy, would like to see McGill and Concordia seriously consider making their case before a judge.

"These are two very important institutions that contribute not only to the vitality of the anglophone community in Quebec and Montreal, but also to the academic standard of excellence in Canada and across the world," said Caddell.

"If our reputation becomes one of a small, parochial, narrow-minded city instead of a bright, bold, innovative, international city, we're going to lose a lot of people of talent."