The Daily Shaarli

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August 4, 2021

Ontario Government loses Court Appeal and fails to save their "Student Choice Initiative" which attacked student union autonomy

The Ontario Government has lost its appeal of the ruling of the Court which nullified the anti-student union "Student Choice Initiative". This is a comprehensive rejection of the government's attempts to regulate student union dues, democracy, and autonomy.

Huscroft J.A.:
OVERVIEW

[3] In my view, although the Divisional Court erred by characterizing the framework as an exercise of prerogative power, the court reached the correct conclusion: the ancillary fees framework conflicts with the legislation governing Ontario’s colleges and universities and cannot be imposed upon them by the exercise of executive authority. If the framework is to be established, the OCAATA and University Acts must be amended.

[4] I would dismiss the appeal for the reasons that follow.

Full decision here: https://www.ontariocourts.ca/decisions/2021/2021ONCA0553.htm

Students and Workers Celebrate Win Against the SCI Legal Appeal | Canadian Federation of Students–Ontario | Fédération canadienne des étudiantes et étudiants–Ontario

Today’s court decision is a historic victory for student democracy, campus life, and the well-being of students. Following the unanimous Divisional Court ruling, this Court of Appeal ruling further reaffirms that the so-called “Student Choice Initiative (SCI)” is not only a harmful policy, but an unlawful one.