Quebec’s legislature, shaken by the province’s ongoing student strike, is now debating passage of an emergency anti-protest law that the chair of the Quebec bar association calls “a breach to the fundamental, constitutional rights” of its citizens.
The legislation, known as Bill 78, would mandate an end to the strike, impose extraordinary restrictions on demonstrations and impel local student associations to prevent their members from engaging in illegal protest. It would impose harsh fines for violations of provisions one legal experts say “are written so vaguely they’re impossible to respect,” while threatening student activists with the dissolution of their student unions in the case of non-compliance.
Key provisions of the bill as presented to the legislature:
- All classes at campuses currently participating in the student strike will be immediately suspended, with the remainder of the spring semester delayed until August.
- It would become a crime for an individual or organization to “directly or indirectly contribute” to the blocking of a campus, with those terms left undefined in the bill. Organizations would be held responsible for the actions of their members in this regard, whether those members were acting with organizational sanction or not.
- Student associations and federations would be required to “employ appropriate means to induce” their members to comply with the law.
- Student associations and regional federations that violated the law would have their funding and use of campus facilities cut for one semester for each day of campus closure.
- Campuses whose student associations were shuttered under this provision would not be permitted to establish interim associations while the suspensions were in place.
- “Any form of gathering that could result” in an interference with the functioning of a college would be banned at all campuses, and for a 50-meter radius surrounding them.
- Organizers of any demonstration larger than ten people would be required to submit the time, location, duration, and other information to the police eight hours in advance. The police would have the authority to amend any of the proposed parameters.
- Organizers of such demonstrations would be held criminally liable if the demonstrators deviated from police-approved parameters, as would associations participating in such demonstrations, even if they were not the organizers.
- Students who violated the act could be fined as much as $5,000. Representatives of student groups that did so could face personal fines of as much as $35,000. Organizations violating the act could face fines of up to $125,000.All such fines would be doubled for subsequent offenses.
Wow.
3:20 pm update | The president of Quebec’s largest faculty union says the implementation of Bill 78 would make the province “a totalitarian society.”
3:40 pm | An open letter from a group of prominent Quebecois historians says Bill 78 “calls into question the principle of the rule of law.” (Link in French, Google translation here.)
3:45 pm | According to activist Kevin Harding, Quebec’s education minister was asked this afternoon whether wearing the red square fabric swatches that have been adopted by activists as a symbol of the student strike would constitute a violation of Bill 78. Her reply? “I trust our prosecutors and judges.”
That’s not a no. That’s quite pointedly not a no.
5:20 pm | Multiple reports on Twitter say the law has passed, and that it wasn’t even close — 68-48. Fasten your seat belts.
6:20 pm | It’s not immediately clear when the law will go into effect, but if it’s anytime in the near future, I expect large-scale mass defiance of the demonstration-notice provisions in the first day. In other news, tweets from @GadflyQuebec indicate that there were some amendments to the bill prior to the vote, but that the core provisions remain intact. More when I get it.
6:55 pm | According to this, ten amendments were made before the bill’s passage, including one that raised the threshold at which a demonstration needs to be cleared with the police from ten participants to fifty. (Link in French, Google translation here.)
Saturday | According to the website of the Quebec legislature, Bill 78 was put into effect yesterday night. It’s still not completely clear what the final text of the law is, though, because as of now the formal public version of the bill includes nine pages of hand-written amendments, some of which are considerably less legible than others. As I noted in a follow-up post, this is an embarrassment.
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May 18, 2012 at 4:05 pm
nonviolentconflict
Reblogged this on NonviolentConflict.
May 19, 2012 at 1:09 am
libractivist
Other provisions that I believe were not redacted in the final bill:
+ Any university faculty and staff who participate in any student demonstration would be subject to the fines above, even if the demonstration itself is considered legal.
+ Encouraging people to defy the law is considered equivalent to actually breaking the law, and is subject to the same fines.
The legal committee of the CLASSE, a coalition of striking student associations, has issued an appeal for funds and support which lists many of the bill’s highlights:
http://www.facebook.com/notes/max-silverman/urgent-appeal-to-the-rest-of-canada/10150913592787996
May 19, 2012 at 1:11 pm
Weekend Reading « Backslash Scott Thoughts
[…] And a short look at Quebec’s sweeping anti-protest laws. […]
May 19, 2012 at 2:01 pm
Links for May 19, 2012 | KevinBondelli.com: Youth Vote, Technology, Politics
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May 19, 2012 at 5:20 pm
Strike Is A Verb » NYC-Quebec Solidarity Rally
[…] passed a series of emergency laws making student protest basically illegal (Student Activism has good coverage if you want to learn more). This Tuesday, May 22, is a long-planned day of action in […]
May 20, 2012 at 8:30 am
Sunday Reading « zunguzungu
[…] Quebec Passes Draconian Anti-Protest Law […]
May 31, 2012 at 12:01 pm
Tax payer
The simple fact remains that tuition needs to be increased.This increase over 5 years will still place it well below the National average. So where is the problem. There is none, the students simply refuse to conform and use protests as their means of voicing their opinion. That is their legal right in a free society. HOWEVER, when the “students’ rights” infringe on everyone else’s rights with their protests, thats where a line must be drawn. We have rights as well which a clearly being violated. Maybe we, the present tax payers of Quebec should launch a class-action lawsuit against the 3 students unions and their members for all the trouble they have caused us.
It’s a free country right? We too have our rights that need to be respected.
May 31, 2012 at 12:05 pm
Angus Johnston
Define “needs.”
May 31, 2012 at 12:42 pm
Tax payer
The mistake here is that the Quebec government should have increased tuition years ago but it’s not as though they weren’t planning to do so. The student unions knew this was coming but chose to do nothing until now.
In short, when I say needs, I mean to reflect the actual costs of today including inflation to which none of us are immune. Everything cost more today, groceries and fuel being the best examples. People buy houses and divert money into RRSP as an investment. Students need to view tuition as an investment in themselves that will pay off in the future. It just kills me when I see signs stating “education should not equal debt”. Hello??
That is how our system is geared in North America and it won’t change any time soon.
When I completed college, I had accrued a debt of 14,000.00. This was over 18 years ago and I have long since paid it all back. I have always viewed this debt as an investment which, in my opinion, has paid off relatively well.
May 31, 2012 at 12:46 pm
Angus Johnston
So when you say tuition “needs” to go up, you mean you think it should go up, because you think public higher education should be more expensive than it is now.
The students in Quebec disagree. That’s kind of their whole point.
May 31, 2012 at 1:03 pm
Tax payer
Until they make it a point of making it uncomfortable for everyone else. If students have a point to make, then make it without disrupting everyone elses.The fact that they’re in disagreement with the government doesn’t give them the right to impose a negative impact on everyone elses lives. The attitude that we aren’t happy so were are going to force that sentiment on everyone else is simply selfish and disrespectful to all those affected who, ironically enough, already pay for most of their education through taxes..
July 29, 2012 at 11:04 pm
Quebec Students Fighting For A Future Worth Living
[…] rejected in a series of campus votes. After that debacle the Liberal Party put forward Bill 78, a law that criminalized much protest in the region and imposed stiff penalties on student […]