New York Times blasts Quebec's Bill 78

Laurence Bherer and Pascale Dufour, Opinion, The New York Times:

For a change, Americans should take note of what is happening across the quiet northern border. Canada used to seem a progressive and just neighbor, but the picture today looks less rosy. One of its provinces has gone rogue, trampling basic democratic rights in an effort to end student protests against the Quebec provincial government’s plan to raise tuition fees by 75 percent.

On May 18, Quebec’s legislative assembly, under the authority of the provincial premier, Jean Charest, passed a draconian law in a move to break the 15-week-long student strike. Bill 78, adopted last week, is an attack on Quebecers’ freedom of speech, association and assembly. Mr. Charest has refused to use the traditional means of mediation in a representative democracy, leading to even more polarization. His administration, one of the most right-wing governments Quebec has had in 40 years, now wants to shut down opposition.

The bill threatens to impose steep fines of 25,000 to 125,000 Canadian dollars against student associations and unions — which derive their financing from tuition fees — in a direct move to break the movement. For example, student associations will be found guilty if they do not stop their members from protesting within university and college grounds.

During a street demonstration, the organization that plans the protest will be penalized if individual protesters stray from the police-approved route or exceed the time limit imposed by authorities. Student associations and unions are also liable for any damage caused by a third party during a demonstration.

These absurd regulations mean that student organizations and unions will be held responsible for behavior they cannot possibly control. They do not bear civil responsibility for their members as parents do for their children.

Freedom of speech is also under attack because of an ambiguous — and Orwellian — article in Bill 78 that says, “Anyone who helps or induces a person to commit an offense under this Act is guilty of the same offense.” Is a student leader, or an ordinary citizen, who sends a Twitter message about civil disobedience therefore guilty? Quebec’s education minister says it depends on the context. The legislation is purposefully vague and leaves the door open to arbitrary decisions.

Since the beginning of the student strike, leaders have told protesters to avoid violence. Protesters even condemned the small minority of troublemakers who had infiltrated the demonstrations. During the past four months of protests, there has never been the kind of rioting the city has seen when the local National Hockey League team, the Canadiens, wins or loses during the Stanley Cup playoffs.

The biggest demonstration, which organizers estimate drew 250,000 people on May 22, was remarkably peaceful. Mr. Charest’s objective is not so much to restore security and order as to weaken student and union organizations. This law also creates a climate of fear and insecurity, as ordinary citizens can also face heavy fines.

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