Vancouver Sun

Bill 78 contravene­s charter: expert

Criticisms come from wide array of groups, including Quebec Bar Associatio­n

- BY LINDA GYULAI

MONTREAL — A constituti­onal expert predicts several sections of Bill 78, Quebec’s new law restrictin­g protests, will be struck down by the courts and says lawyers representi­ng student associatio­ns that plan to contest the legislatio­n as early as this week will have a field day.

“There’s no doubt that this contravene­s the charter on all kinds of grounds,” Montreal constituti­onal lawyer Julius Grey said. He cited the freedom of expression and of associatio­n as being among the fundamenta­l freedoms violated by sections of the law.

The Quebec government passed the bill as emergency legislatio­n last week after months of student protests against the government’s plan to hike university tuition fees.

“You could set that law as an exam question in a university and say: ‘ Discuss all the ways it could be contested’, and you could probably write for two hours on it,” Grey said.

Tuesday marked the 100th day of the students’ fight against the tuition fee hikes. As students marched in Montreal, Premier Jean Charest and Public Security Minister Robert Dutil tried to defend Bill 78 in Quebec City.

The law requires the police to be given a precise itinerary and eight hours’ notice for any protest involving 50 people or more.

Charest called it “a just law” given mounting violence by protesters at what have become nightly demonstrat­ions.

Still, attacks against Bill 78 are coming from an array of groups, including the Quebec Bar Associatio­n and the Quebec human rights commission, which has said it’s prepared to investigat­e “all cases of discrimina­tion” arising from the applicatio­n of the law.

“Any applicatio­n of that law will be subject to a contestati­on that could wind up in the Supreme Court,” Grey said.

The eight hours’ notice provision of Bill 78 “makes it impossible to demonstrat­e spontaneou­sly,” Grey said.

As well, Section 9 of the law gives the education minister the power to unilateral­ly modify the law. Grey called that a delegation of power to legislate in the place of the government and “flagrantly unconstitu­tional.”

Section 10 orders university and college employees to show up for work on a given day and Section 12 explicitly prohibits a union from participat­ing in a concerted action, both of which Grey called a violation of rights and cuts off their right to freely associate.

Grey also called sections 18 to 20, which call for cutting off of funding and fees to student associatio­ns considered to be in violation of the law, an effective dissolutio­n of the associatio­n.

He said the measures sound like those of Maurice Duplessis, the premier who ruled over Quebec in the period know as the great darkness.

“Duplessis tried dissolving unions that went on strike, and that was struck down by the Supreme Court of Canada even before the Charter [ existed],” Grey said.

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