Legal action against government measures

Dear members of the McGill community,  

Though some discussions have taken place since my last message on this subject, the Quebec government has confirmed it is unwilling to reconsider the changes to tuition and financing for students from outside of Quebec that were announced on December 14. 

These measures threaten McGill’s mission and place as one of the world’s top universities, and our vital role in Quebec. In addition to the financial costs, they are making students think twice about coming here, and recruiters are hearing from prospective students that these measures make them feel unwelcome in Quebec. I find this particularly distressing, considering how warm and hospitable I have found Quebec to be, and how much employers want and need these highly talented young people. 

Given this extraordinary situation, we have no choice but to deploy extraordinary measures.

Legal action

Following a unanimous vote at a special Board meeting on February 15, McGill University today launched a legal challenge against two government measures:

  • Tuition increases for Canadian students from outside Quebec studying in undergraduate and professional master’s programs; and
  • Changes to the funding model for international students studying in undergraduate and professional master’s programs.

The University is asking the court to issue a stay, which if granted would suspend the application of the two measures while the court considers the challenge. The case argues that the measures:

  • Constitute discrimination under the Canadian Charter of Rights and Freedoms as well as the Quebec Charter of Human Rights and Freedoms.
  • Were an unreasonable exercise of the powers of the Minister of Higher Education, since they were incompatible with the mission assigned to her by the Ministry of Higher Education, Research, Science and Technology Act.
  • Were adopted following inadequate consultation and an unfair process.
  • Constitute a disguised and illegal tax, which is being imposed without the authorization of the National Assembly.
  • Create unconstitutional barriers to interprovincial trade thereby limiting student mobility, choice of university and access to education.

This legal action does not challenge the francisation target announced by the government. McGill is participating in a government working group convened to discuss francisation, and we remain hopeful we can work together to set realistic, achievable targets. 

Concordia University is also launching its own legal challenge today. 

How did we get here?

Last spring, the Minister of Higher Education asked us for solutions to help retain more students in Quebec after graduation, and to do more in teaching them French. In response, McGill designed its Rayonnement du français program that would invest $50 million over five years to help non-francophone students learn French and integrate into Quebec’s workforce. 

We informed the Minister of this initiative and invited representatives to a planned October 11 launch. When the Minister informed the University that soon-to-be-announced measures would negatively affect our finances, we paused the launch, given that we could not be confident we would have the resources to implement the initiative. 

After the government announced tuition and funding changes for Canadian and international students on October 13, we continued to propose realistic solutions to teach non-francophone students French, while still attracting top students to help address Quebec’s labour shortage and contribute to the knowledge and innovation economy. The Government did not accept these solutions or collaborate with us on alternatives. 

We have repeatedly and unsuccessfully requested data demonstrating the feasibility and necessity of these measures. These requests were echoed by the government’s own Comité consultatif sur l'accessibilité financière aux études, composed of representatives of government and French-language universities and Cégeps, who said the decision risks compromising access to quality education and depriving Quebec society of potential talent. The Committee “strongly urges the government to reconsider this decision.” 

We tried our utmost to work in partnership with the Government. We would have greatly preferred not to do this, but we have run out of viable alternatives. Although these measures necessitate a vigorous response, we remain committed to partnering with the Government of Quebec.

What happens next?

First, I take this opportunity to remind current students that neither the tuition hikes nor the francisation requirements will apply to them while they remain in their current program. Likewise, we will continue to do everything in our power to ensure that McGill remains financially accessible to all, drawing upon a pool of scholarships and student aid that is the best in Canada. 

As for the budgetary impacts of these measures, McGill will face tough choices. Faculties and Units have already received notice of major non-salary cuts – as high as 50% for some activities. However, we are working hard to protect our employees and seek salary savings only through attrition, not through layoffs. Indeed, our legal challenge is in part a fight to preserve the vital work and livelihoods of our remarkable faculty and staff, who are needed to keep our classrooms and labs running for future generations of Quebecers. 

Furthermore, we aim to protect the unique character of our community – for the 40,000 students who call McGill home and the hundreds of thousands of alumni, across Quebec and Canada and around the world, who take pride in their hard-earned McGill degrees. I share their pride in this institution – especially when I see McGillians pulling together and standing strong in the face of a challenge. This, too, is who we are.  

A strong McGill is an extraordinary asset for Canada, for the world and for all Quebecers. In challenging these government measures, we are working for all those across Quebec who gain from the world-class healthcare, education, professional training, economic contributions, music, culture, greenspaces, and other benefits that McGill provides – regardless of the languages they speak or the regions in which they live. The world and Quebec deserve the very best McGill that we can be.  

Sincerely, 

Deep Saini
President and Vice-Chancellor
McGill University

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