Ontario Government Student Choice Initiative Deemed Unlawful

Collective Student Action Leads to LEGAL VICTORY!

Kyle
Reporter/Editor

On November 21, the Divisional Court struck down the Student Choice Initiative (SCI), bringing to light what they called an interference “with the autonomy of post-secondary institutions and student organizations.”

Student leaders across Canada converged at the Sheraton Gateway Hotel at Toronto International Airport. Frustration turned to success, as in a historic moment, the Divisional Court sided in favour of the York Federation of Students (YFS) and Canadian Federation of Students Ontario (CFS-O), deeming the unpopular Student Choice Initiative unlawful.

From the ruling, the Canadian Federation of Students Ontario (CFS-O) announced its legal challenge against the SCI successful deemed unlawful. The (SCI) made opting out of funding student organizations an option, putting countless services, activities and clubs in jeopardy. With the Legal Challenge filed and deemed unlawful, student leaders were ecstatic. “We can start moving forward and see what we can bring back,” says Carla Rudberg, the Student Association of George Brown College (SAGBC) Director of Communications and Internal, “the victory is a step in the right direction for the CFS and for all student unions.”

The victory helps maintain numerous SAGBC services from the SCI put out of danger, from events to the food pantry. “Now that it’s been deemed unlawful,” stated Benny Brown, SAGBC, The Community Services Representative He is hopeful that all services can soon return to normal, and that everything can return to its original strength. Now we could have a solid budget to work with from the beginning.”

“SAGBC worked hard to keep a lot deemed essential, we know we have to figure out, We can start moving forward and see what we can bring back , Key example our student newspaper. We’re able to still provide essential services for all students without the fear and worry that the province can shut our services down. “Carla Rudberg, SAGBC Director of Communications and Internal.

“It was not only about money, it was about lowering our voices. We were 800.000 students but after the fund drop it was reduced to 500.000.” Taranjeet Singh Manchanda, (SAGBC), Business Educational Centre Representative.

‘’I am so happy and excited for that victory, because this victory means that the year of the student choice initiative has come to a close and that student organizations we will be able to budget for the upcoming year, come up with project and plans for what they are going to do for students and continue to advocate for students. But the thing most excited about is that just reconfirmed and reaffirmed that student democracy is valid and that student organization, union and the Canadian of federation student are valid democracies and always been. But now it’s it has been recognized by the courts. This is a really exciting time for the students of Ontario and also across the country.

Since the announcement was released we have to celebrate and share this victory
Give thanks to all the people who did the work !! We are going to continue to fight against the OSAP cuts, we are going to continue to fight against the increase to international student tuition and also validate student access to better health care, better mental health services, better food supports on campuses, because there is a lot of work to do but this is a great victory that help us to be able to continue to do the excellent work we do for students for years to come.” says Kayla Weiler, CFS-O, National Executive Representative.

Stating the SCI represented “a lack of legal authority and bad faith,” also that the fact student groups were not consulted on the decision. “ I think this is a historic moment for our movement. It was students effort to take the government to court

and we won, just beautiful. Next steps are we are in a wait period, the government can still appeal. Lawyers ready to respond. We encourage student unions to email administrators” said Felipe Nagata, the Chairperson for the CFS-O.

From YFS Azinwi Kien Saningong, currently serving as Vice President Equity. “I think for everybody in the room, it’s a big win, “ they said, “this was definitely a direct attack on students and student unions, and our autonomy. We’re so happy that even the court could see that this was unprecedented, and was illegal to do, and the Ford government had no say to the autonomy of students and that was proven in court.”
The government would unsuccessfully defend their decision, stating the SCI was a “core policy,” and was a practice in exercising their right over spending-related decisions. This would fail to work on the court, to the relief of the student unions of Ontario, Saningong among them.
“The work we do is not easy,” Saningong continued, “we have seen so many victories on provincial level and our locals, that’s students’ needs. A lot of us have food banks that students use everyday, and [our] purpose is to represent the most marginalized folks on campus. We’re not going to sit there and watch it happen.”

Many saw the SCI as a deliberate attack on students themselves. These student organizations funded by students also serve as a student voice.
This thinking was dismantled by the legal document explaining the judges’ decision, citing previous Supreme Court rulings. It states that “(the regulation and funding of universities) by no means follows, however, that universities and colleges are organs of the government. The government thus has no legal power to control the universities and colleges even if it wished to do so.”

“Our next step is to go back and work,” says Sofia Descalzi, a National Chairperson for the CFS, “our short term and long term step is to continue to do the advocacy that we do without receiving the threats and attack to the federations and student unions.” Descalzi is working with the local student union’s administrations, to ensure that fees are collected for the winter semester. “This has had a really huge impact on international student’s life, and a huge win knowing we still have a national student movement that’s going to advocate on the street, on different provincial legislatures, and about the rights of international students.”

“We are absolutely thrilled and excited for the student movement for the CFS and YFS that they were able to take this government to part and win and that this decision confirm the autonomy of student unions and the firm independence and their importance and value for universities and colleges.” Says Geetha Philipupillai, Golblatt Partners LLP.

While the ruling proved to be a step in the right direction, there’s still a way to go in terms of regaining the un-optional funding. “We are waiting to see what the Ontario government does next,” Rudberg enthuses.

While students in Ontario are optimistic for another victory, as the news continues to unfold, we will update GBC students with further information as it arises, so be sure to check in with the Dialog online and on social media platforms.

What students say about Ontario Government Student Choice Initiative

Billy Bangura
Business Administration Marketing

“It’s terrible period”.

Aiden Shava
Health and Fitness Program

“Student Associations are responsible for things like promoting safe sex, student wellness, and if we don’t have that especially for people who come from areas where they don’t normally have the resources it will effect the public health and overall well being of students”.

Reema Naser
Interior Design Technology

“I feel like it is unfair. They should have kept it going how it was”.

Chirag Sandhir
Computer System Technology

“I think it is unfair because as an international student some of the Student Association programs, especially SNAP is essential to me”.

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Ontario Government Student Choice Initiative Deemed Unlawful

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