Student Choice Initiative struck down after legal challenge by the CFS-O and YFS
In a unanimous decision heard on Thursday, November 21, the Ontario Divisional Court struck down the Ford government’s Student Choice Initiative, which mandated universities and colleges to allow post-secondary students to opt-out of some of their student fees.
In its decision, the court called universities’ autonomy “fundamental to the academic freedom that is their hallmark.” As well, the decision notes that the problem with the Student Choice Initiative was not that it directly interferes with the way that student organizations are run, but rather that “the imposition of the opt-out, including the classification of some programs as essential and others as non-essential, is itself a form of interference with university autonomy.”
The lawsuit was filed jointly by the Canadian Federation of Students-Ontario (CFS-O) and the York Federation of Students (YFS) in May 2019 on the basis that the government lacked authority to implement such a policy. They argued in front of the court on October 11.
The court determined that the Ford government had no authority to interfere with the affairs of student unions and organizations. This decision means that student organizations, including student newspapers, food banks, clubs, and unions all over the province will no longer be under the threat of uncertain funding.
