Bill 78

In March 2011, Jean Charest's Quebec Liberal Party announced plans in their 2011–2012 budget to increase Quebec university fees by $325 per year over five years (or $1,625),[5] an increase of 75% over current rates.[6][7] In April 2012, the government proposed a solution that would have seen tuition rise $254 per year over 7 years, including an inflation index after the first two years (or $1,779), an increase of 82% over current rates.[8]

Student protests in Montreal against the government's planned tuition increases, 14 April 2012

Beginning 13 February 2012, students associated with one of Quebec's student unions walked out of their classes to protest the proposed tuition increases and,[9] by mid March, 250,000 people had joined.[10] Protesting students from colleges and universities held a vote, demanding that the government rescind the planned fee increases and place a freeze on fees before returning to class.

Clashes between student protesters and police began soon after the demonstrations began. Between 13 February and 15 May, groups of protesters, varying in population from hundreds to thousands, on multiple occasions blocked or attempted to block both the Jacques Cartier and Champlain Bridges, causing disruption to vehicular traffic; they were either dispersed or arrested by police.[11][12][13][14] Students protesting at the Montreal Exchange were dispersed by riot police.[11] Montreal merchants and businesspeople complained that the protests were causing a negative impact on the city's commerce and on tourism.[15]

Students who did not participate in the strike were blocked by protesters from attending classes at several institutions,[16] including Valleyfield CEGEP, Université de Montréal, Concordia University,[17] and Université du Québec à Montreal.[18] The Quebec Superior Court issued injunctions against students who were demonstrating and blocking other students' access to classes at the Université de Montréal, the Université du Québec à Montréal, Laval University, and at the Collège d'Alma, threatening fines or arrest for picketing, assembly, and protest on university or college grounds. Judge Jean Lemelin explained the court's decision, stating "[t]he legality of the strike appears dubious considering Quebec's labour law, which only gives the right to strike to certain people and under very strict conditions."[10] Still, groups of protesting students on 16 May walked through the corridors of Université du Québec à Montreal buildings and entered classrooms to disrupt ongoing classes and vandalize, leading the administration to suspend teaching.[16] Students whose classes had been cancelled were, as they spoke to the media, heckled by protesters.[16]

A deal reached between Quebec Liberal Party representatives and student representatives was rejected by striking students on 10 May.[19] The deal had been supported by student unions and major Quebec labour unions including the Quebec Federation of Labour, the Confédération des syndicats nationaux and by the Centrale des syndicats du Québec. On 14 May 2012, Education Minister Line Beauchamp resigned, saying she was "no longer part of the solution," and was replaced by Michelle Courchesne.[20]

On 16 May 2012 Quebec Premier Jean Charest and Michelle Courchesne announced their plan to introduce Bill 78, which would suspend the winter semester at the remaining 14 public colleges and 11 universities where Québécois students remained on strike. The bill would also restrict assembly, picket and protest rights on campuses and throughout Quebec.[21]

The bill was introduced by Michelle Courchesne on 17 May, and debated that day in Quebec's National Assembly. It was formally adopted on 18 May following a vote with 68 in favor and 48 opposed (with no abstentions).[22]

Bill 78 has received support from Quebec Council of Employers.[31] Its president, Yves-Thomas Dorval, stated that because of "the failure to comply with court orders issued in the past few weeks, the bill will have to include measures strong enough to achieve this objective in order to serve as a deterrent. This is especially true since certain cells will persist in a strategy designed to create and sustain chaos and intimidation despite the potential good intentions of the parties involved."[32] Michel Leblanc, president and chief executive of the Board of Trade of Metropolitan Montreal has welcomed the new law as a way to protect downtown businesses, and André Poulin of Destination Centre-Ville has been supportive.[33]

Justice Minister Jean-Marc Fournier has stated that the intent of the law is to return calm to Quebec society, and show respect to the rights and education of non-striking students.[34]

Protester displaying an anti Bill 78 sign on 22 May 2012 in Montreal

Thousands of Montreal citizens protesting Bill 78, the Charest government, and tuition hikes on Saturday, 2 June 2012

The Canadian Association of University Teachers has condemned the law for "violating fundamental freedoms of association, assembly, and expression", its president calling it "a terrible act of mass repression".[23]

The Quebec Human Rights Commission has also condemned the legislation.[23]

Louis Masson, head of the Bar of Quebec has questioned the constitutionality of the law, though the Canadian Press has stated that some members are upset with this position.[33] A Laval law professor stated, "Read it. Stunned. Can't believe that a democratic government can adopt such a law."[35] Professor Lucie Lemonde of Université de Montréal's law department stated the law was the second worst on record next to the War Measures Act.[33]

Student Gabriel Nadeau-Dubois, co-spokesperson for the student association CLASSE (Coalition large de l'association pour une solidarite syndicale etudiante), has urged the population to consider disobeying the law.[36] Université de Montréal philosophy professor Daniel Weinstock has stated that the bill is a scare tactic to frighten students and student leaders.[36]

The bill was also criticized by the United Nations, with the UN High Commissioner stating that: "In the context of student protests, I am disappointed by the new legislation passed in Quebec that restricts their rights to freedom of association and of peaceful assembly".[37] The bill was also denounced by opposition parties.