Author: The Record
Published April 27, 2025

By William Crooks

Local Journalism Initiative

The Quebec Community Groups Network (QCGN) and English-language institutions across Quebec are celebrating a major legal victory after Quebec Superior Court ruled against key elements of the provincial government’s 2023 tuition policy changes.

In a decision rendered by Justice Éric Dufour on April 24, 2025, the court struck down the requirement for out-of-province undergraduate students to achieve an intermediate level of French before graduation, declaring it “unreasonable and invalid.” It also ruled that the sharp tuition hike for out-of-province students was unjustified, giving the government nine months to modify its regulations.

“This is an important ruling on a crucial issue,” said QCGN President Eva Ludvig in an interview Friday. “It confirms our belief that the government acted rashly last fall in first blaming out-of-province students for the decline in French it perceives, and in imposing a discriminatory tuition burden on these students who contribute mightily to Montreal and Quebec, as well as the English-language institutions that are at the heart of our English-speaking community.”

The tuition policy, originally proposing to raise fees for out-of-province undergraduates to $18,000 before lowering the figure to $12,000, faced immediate backlash. “The increase came out of the blue,” Ludvig said, noting that the previous tuition level was comparable to what other provinces charge Quebec students.

Adding to the controversy, Ludvig said the decision to increase tuition was made even before a government-appointed committee had completed its review. “The committee itself said it wasn’t justified,” she said. “There never was any data really presented, and that’s one of the important points the judgment highlights.”

The impact on English-language universities like McGill, Concordia, and Bishop’s was immediate, she explained. “It created a chill in terms of outside students coming to Quebec. It came very close to the time when students and parents are making decisions, and it negatively affected enrollment.”

The court’s decision was welcomed at McGill University, one of the institutions that challenged the government’s measures. In a message to the McGill community, President Deep Saini emphasized that the university remains “firmly committed to playing an essential role in Quebec’s economy, talent pipeline, and research ecosystem.” He added that McGill would work with the provincial government to comply with the court’s ruling, while noting there remains a 30-day window for the government to appeal.

The court maintained a separate government measure concerning international students, allowing Quebec to retain a portion of their tuition, a decision Ludvig said likely reflects the fact that the policy was not directed solely at English-language institutions.

Beyond the immediate legal victory, Ludvig stressed that the ruling sends a broader message about educational policymaking in Quebec. “For years, this government has been scapegoating English-language institutions,” she said, citing not only the universities but also pressures on English-language CEGEPs and elementary and high schools.

She pointed to measures like Bill 40, which abolished elected English school boards, and caps on enrollment in English CEGEPs, as part of a wider trend. “The whole education spectrum serving the English-speaking community has really been under fire,” she said. “You also wonder, because there’s nothing to demonstrate that it’s for educational reasons. It seems to be political decisions made about education.”

The financial and reputational implications of the tuition changes were also a concern. The Montreal Chamber of Commerce, among other organizations, opposed the tuition increases, warning they could harm Montreal’s international reputation as a university city and damage the local economy, small businesses, and tourism.

Ludvig underscored that the now-invalidated French proficiency requirement was another deeply problematic aspect of the government’s plan. “There was no data to show this was necessary,” she said. “It was anecdotal.” She noted that Premier François Legault himself had framed the changes by stating there was “too much English” being spoken in Montreal, a claim Ludvig said lacked evidence and failed to recognize that many students are drawn to Montreal precisely because of its bilingual nature.

While the government has not yet confirmed whether it will appeal the ruling, Ludvig said she hopes it chooses to respect the decision and work collaboratively with universities moving forward. “Appealing it would just delay decisions and cost money for both the universities and taxpayers,” she said.

The legal foundation for the case rested on the Canadian Charter of Rights and Freedoms, Ludvig explained, particularly concerning protection against discrimination. The court’s decision, she noted, reinforces that educational policies must be based on evidence and fairness rather than political expediency.

“This was an important decision by the judge, and we applaud it,” Ludvig said. “We hope the government will accept it and not appeal.”

Quebec’s Higher Education Minister Pascale Déry announced on April 24, 2025, that the Coalition Avenir Québec (CAQ) government will, in fact, appeal. Déry defended the measures as necessary to protect the French language and balance university funding, stating the government has 30 days to file the appeal and nine months to revise the fee structure, while the language requirement was immediately voided.

Although Bishop’s was given an exemption from the tuition hikes last fall, it still faced negative impacts from the surrounding controversy. The Record contacted Bishop’s’ Principal & Vice-Chancellor Sébastien Lebel-Grenier for comment on the recent court ruling but did not receive a response before press time.

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