Student groups await province’s next fees move

Court quashes Ford government attempt to let students opt out of some services

Student groups at some Southwestern Ontario colleges and universities say they’re pleased an Ontario court struck down an order from the Ford government that allowed college and university students to opt out of some fees.

An Ontario Divisional Court ruled Thursday the so-called Student Choice Initiative is inconsistent with the autonomy of schools and student associations.

The government has said the goal of the initiative is to give students more control over how they spend their money by allowing them to opt out of fees for campus clubs, services and programs that previously had been mandatory. The change was announced in January at the same time the government unveiled a 10 per cent cut to tuition and cuts to student aid.

“We are pleased with the court decision, and we’ll be awaiting the government’s decision about whether it will appeal the ruling,” Kiara Clement, student president at St. Clair College, based in Windsor with a campus in Chatham, said in an email. “We will work within whatever framework we are provided in order to continue to provide excellent services and support to our students.”

The decision follows a legal challenge by the Canadian Federation of Students and York Federation of Students, who argued the province’s changes to the system were a calculated attack on students and services.

Campus organizations such as student unions, newspapers and radio stations, food banks, clubs and LGBTQ support centres were forced to lay off staff or reduce services because they received less funding this year due to the optout provisions.

Jeremiah Bowers, student union president at the University of Windsor, called the decision “a huge victory for students.

“We always thought the situation in general was unlawful because it interfered with autonomy of student unions.”

About 30 per cent of Windsor students opted out of paying optional fees, putting Pride, peer support centres and food pantries in “jeopardy,” Bowers said.

But he predicts the government will likely appeal the ruling.

“We’re not unaware of their tactics to push their way through.”

Ciara Byrne, a spokeswoman for the Ministry of Colleges and Universities, said the government is reviewing the decision.

Bardia Jalayer, president of Western University’s student council, said the decision “validates the importance of always consulting students on student-related issues.”

Opt-out fees amounted to about $220 for the current school year, while mandatory fees for 30,000 undergraduate students were roughly $740.

“We are still awaiting the government’s response to the court decision, including their next steps,” Jalayer said. “This decision upheld the autonomy of both universities and student associations, which is critical in allowing us to truly represent the interests of our students.”