Bill 78

Early events in the protest 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), an increase of 75% over current rates. 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. 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, by mid March, 250,000 people had joined. 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. Students protesting at the Montreal Exchange were dispersed by riot police. Montreal merchants and businesspeople complained that the protests were causing a negative impact on the city's commerce and on tourism. Students who did not participate in the strike were blocked by protesters from attending classes at several institutions, including Valleyfield CEGEP, Université de Montréal, Concordia University, and Université du Québec à Montreal. 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." 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. Processes leading to Bill 78's adoption 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. 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). == Provisions ==

Bill 78, which expires on 1 July 2013, suspends winter semester classes at 11 universities and 14 colleges where over 150,000 students were demonstrating or continue to demonstrate; classes for the fall and winter semesters at those locations will be completed by 30 September 2012 at the latest, without penalization to enrolled students. The Minister of Education, Recreation, and Sports is granted the ability to deem as not applicable certain other regulations or laws or to "[prescribe] any other necessary modification to" Bill 78 so as to provide for any dispositions deemed necessary to ensure the continuation of classes throughout the duration specified by the act. The law makes it illegal to deny a person access to any place if that person has a right or duty to be there and further restricts "any form of gathering" that might cause such denial from assembling inside any educational building, on the grounds of such a building, and within 50 meters of the limits of those grounds. Employees of the colleges and universities may strike with accordance to the Labour Code, but they are still required to work their normal scheduled hours and carry out their usual duties. Article 16 of the bill furthermore declares illegal any demonstration of more than 50 people, at any location in Quebec, unless the dates, times, starting point, and routes of those locations and also the duration of the venue and the means of transportation that will be used by participants, if applicable, have been submitted to and approved by Quebec police. It is then possible, at the police authority's discretion, to modify the location and date of the protest if it judges that the protest would pose a serious threat to the order and security of the public. According to the provisions of the bill, any infraction against its prohibitions require offenders to pay fines, which are paid for each day of infraction. Those fines amount to $1,000–$5,000 for individuals, $7,000–$35,000 for student or union leaders, and $25,000–$125,000 per day for student or labour organizations. Fines are doubled for second and subsequent offences. Universities or institutions which do not comply with the provisions of Bill 78 are subject to the daily fees paid by student or labour organizations. The bill establishes a date after which all education employees must return to work, and prohibits them from striking should this, "by act or omission", prevent students from receiving instruction, or indirectly impede services. == Reactions ==

Support for Bill 78 Bill 78 has received support from Quebec Council of Employers. 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." Criticism of Bill 78 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". 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. 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. Université de Montréal philosophy professor Daniel Weinstock has stated that the bill is a scare tactic to frighten students and student leaders. The bill was also denounced by opposition parties. == Subsequent events ==

Passage of the bill on Friday, 18 May was followed by major weekend protests in Montreal and breakdown of law and order at night, which continued daily for over a month. News outlets reported the throwing of at least one and possibly more molotov cocktails, and the response of police with rubber bullets, tear gas and percussion bombs against protesters. Most other times protests were wholly peaceful. Police declared the weekend protests to be illegal from Montreal Bylaw P-6, arresting 69 persons on the night of the bill's passage, and 308 on the following night. Protests on the same day included an effort to march to the home of Quebec Premier Jean Charest. Responding to student calls for civil disobedience, Quebec Justice Minister Jean-Marc Fournier declared that the practice "is a nice word for vandalism." A Leger Marketing poll showed that 73% of Quebecers believe that Bill 78 will fail to halt protests; a spokesperson for the polling agency stated that for students, protests were not only about tuition increases but also "about the capitalist system." One third of Quebec college and university students, or approximately 155,000 people, still remained on strike. After mass arrests on the nights of 22 and 23 May, daily protests where galvanized. On 28 May 2012, a group of lawyers demonstrated in Montreal against Bill 78. == References ==