Quebec court overturns out-of-province tuition hike at English universities

A Quebec Superior Court judge has overturned a university tuition hike for out-of-province students that the government introduced to reduce the number of English-speaking students in the province.

“I was very happy to see this. I think it’s a step in the right direction,” said out-of-province student Daniel Jennings, who accepted his offer into McGill University’s Commerce program last year, despite Quebec’s $3,000 raise in tuition fees for out-of-province students attending English universities starting last fall. 

The decision, released Thursday, is a partial victory for Montreal’s two English-language universities, McGill and Concordia University, which have said the Quebec government’s recent changes caused a drop in enrolment.

“For many students who are considering taking out their student loans or having to have part-time work during their degree, I think that $3,000 each year is actually quite a significant factor,” said Jennings, standing outside McGill’s Roddick Gates on Thursday. “So I was very happy to see this decision.”

Justice Éric Dufour found the government’s 2023 decision to increase out-of-province tuition by $3,000 — 33 per cent — was unreasonable and “not justified by existing and convincing data.”

The government had argued the fee increase was necessary to protect the French language in Quebec. Higher Education Minister Pascale Déry had also said the hike was justified because most out-of-province students leave Quebec.

“I think it’s good that they overturned it,” said Dylan Murphy, an international student–from Massachusetts, U.S.–studying political science McGill. “I think the less barriers to education, the better, and McGill is a really good school. I think that it should be for everybody, regardless of language, obviously.” 

Dufour found the government could provide no statistics about the retention of out-of-province students.

“Increased protection of the French language remains fundamental, especially considering the linguistic context in which Quebec finds itself, a continent populated predominantly by Anglo-Saxons,” he wrote. “But this vigilant protection does not justify the creation of policies and the making of decisions … based on erroneous or absent data.”

“It essentially is more fair for the people that were non-Quebecois residents going into McGill; and I think just because [of] the fact that [the government’s 2023 decision] was not founded on any judgments and any data specifically saying that it would improve the French language in Quebec,” said Gatineau native Mallory, who is studying architecture at McGill.

Dufour ruled that the fee hike can remain in place for up to nine months until the government revises its tuition plan.

A spokesperson for Déry said the minister would not comment on the decision before reviewing it fully. 

The decision also overturns a new requirement that 80 per cent of out-of-province undergraduate students at English-language universities reach an intermediate level of proficiency in French by the time they graduate. That rule was to come into effect this fall.

“I think both decisions on both issues are important,” said Eva Ludvig, president of the Quebec Community Groups Network (QCGN). “It’s an important decision for the English-speaking community, but for Quebec all around.”

“I’m hoping that common sense will rule,” she continued. “I believe that the judge’s ruling was common sense. And I’m hoping the Quebec government listens this time, and the Minister of Education listens as well. Appeals cost money–cost money for the universities, but it also costs money for taxpayers. And it’s unnecessary.”

Dufour found that threshold is unreasonable because of the “almost certain impossibility” that the universities would be able to meet the target. He noted that the universities had suggested a less ambitious target of 40 per cent. 

“I think that the French language is important here, but it doesn’t mean that you should increase the fees, the tuition fees for students,” said Jasmine, who grew up in Montreal and is an engineering student at McGill.

In his decision, the judge also pointed to inconsistencies in the government’s logic, suggesting that if the minister believes out-of-province students don’t stay in Quebec after graduation, then it doesn’t make sense to require them to become proficient in French. 

However, Dufour upheld the Quebec government’s decision to set minimum tuition for international students at around $20,000 and to claw back a large portion of the fees from English institutions to redistribute them to French-language universities.

McGill and Concordia challenged the changes in court last year, arguing in part that they violated the Canadian and Quebec charters of rights. But the judge decided it wasn’t necessary to rule on the constitutional arguments, since the case could be resolved under administrative law.

In a statement, Concordia president and vice-chancellor Graham Carr said he found the decision reassuring.

“These are very difficult times for higher education in Quebec and around the world,” he said. “My hope is that today’s decision can serve as a catalyst for the government and our entire university sector to hit reset.”

Deep Saini, President and Vice-Chancellor of McGill University, sent a letter to the McGill community saying they look forward to working with the government to comply with the ruling.

“We know that many in our community will have questions about the effect of the ruling on the University and particularly tuition for Canadian students from outside Quebec. There is a 30-day period for an appeal. In the meantime, we will review the decision carefully to assess its implications and will keep you updated,” read the letter.

Saini says McGill remains “firmly committed to playing an essential role in Quebec’s economy, talent pipeline, research ecosystem and to contributing to the promotion and vitality of the French language.”

“I hope that moving forward, McGill University and the Quebec government can continue to collaborate on solutions,” said Jennings. “If something like French language requirements are being put into place or withdrawn, it impacts students in the sense that it might impact what you have to do during your degree, but what ought to be focused on is encouragement.”

–With files from The Canadian Press