TORONTO — An Ontario court has struck down a provincial government order that made some post-secondary student fees optional.
Last December, Premier Doug Ford’s cabinet approved the order and later put it into effect in what it called the “Student Choice Initiative.”
The Canadian Federation of Students and York Federation of Students filed a legal challenge, arguing the move was a politically motivated attack on student unions and services that threatened university independence.
The groups said the change was arbitrary and threatened student-led programs such as clubs, campus newspapers, food banks and other support services, and part-time jobs.
The government contended that students should have more choice as to which campus services they support.
In its unanimous ruling, the Ontario Superior Court of Justice Divisional Court said the government’s decision to enact the policy was beyond its legislative authority.
“Requiring that universities allow students to opt out of student association fees and other “non-essential” services is inconsistent with the universities’ autonomous governance,” a panel of justices said in the ruling released on Thursday.
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