#7 Update May 21, 2012 – The Politics of Civil Disobedience – Bill 78

After 14 weeks of student unrest, boycotts, demonstrations and strikes, it is reasonable for citizens of Quebec to wish for the conflict to come to a just and fair resolution. To arrive at closure, you need to demonstrate good faith in negotiating with the student federations. The Minister of Education, Line Beauchamp waited and only made this attempt in the 13th week of the student protest. Nothing substantial to address the issues with the privatisation of education was offered. Students rejected what was meant to be a beginning of negotiations. Minister Beauchamp then resigned.

The conflict worsened with continued confrontations with police agencies. Even with injunctions in hand, Executive Directors for many of the Quebec colleges, refused to permit the continuation of classes. Given safety issues, how would an injunction resolve the protests being moved from the street and into classrooms and school hallways? Injunctions, legally procured, have not brought any closure. They did not work.

The Charest government’s response with the passage of Bill 78 will not bring an end to conflict either. Worse, as the past few nights of demonstrations have shown, the government’s action appears to have only aggravated the already tense situation. What has gone wrong?

To begin with, Bill 78 has been judged by many to be a repressive and ill-conceived law, one that sidesteps nearly all the issues that brought about the student action in favour of draconian measures designed to shut them down. Under the guise of a “time out” the government has presented not just the students, but all Quebec citizens with a law that strips away our fundamental freedoms: freedom of expression, freedom of thought, freedom of peaceful assembly, and due process. Critics of the law are many.

From The Globe & Mail:

“This Bill infringes many of the fundamental rights of our citizens. The basis of a democracy is the rule of law. We must respect the law. We must also respect fundamental freedoms, like the freedom to protest peacefully, the freedom of speech and the freedom of association,” Quebec Bar Association President and Bâtonnier Louis Masson, said in an interview. (May 20, 2012, Globe and Mail).

Lucie Lemonde, a law professor at Université du Québec à Montréal, said Friday that she was stunned by how far the Bill reaches, including a requirement to report to police in advance of any public demonstration that will take place that involves over 50 people (up from 10, as the Bill initially required).

“It’s the worst law that I’ve ever seen, except for the War Measures Act,” said Prof. Lemonde, referring to the notorious federal law imposed in Quebec in 1970 after the Front de libération du Québec kidnapped and killed political figures and ordinary citizens. (May 20, 2012, Globe and Mail)

“If we are no longer able to protest in our society, it becomes a totalitarian society,” said Louis Roy, head of the Confédération des Syndicats Nationaux (CSN), which represents most university and college teachers in the province. “We are telling our members to defend their fundamental right, the right to demonstrate,” he added.

One of the spokespeople for the organization representing the majority of the 155,000 students on strike said they may participate in civil disobedience to challenge the law. “[We] are not excluding the possibility of disobeying this special law,” said Gabriel Nadeau-Dubois, co-spokesperson with the Enlarged Coalition of the Association for a Solidarity Among Student Unions (CLASSE).

Even those who support the law, such as the Conseil du Patronat du Québec, have expressed concerns that is does not actually lead Quebec out of the tuition fee impasse. On CBC Radio Montreal on Friday, May 18, 2012, the head of the business Council said that “the government still has not presented a solution to actually end the student strike”. We agree.

From Le Devoir:

A Léger Marketing poll published May 11 reported that 71 per cent of those interviewed think the government has “mismanaged” the conflict. Another Léger poll found that Francophones (more than 80 per cent of the province’s population) and those under 55 years of age tended to hold the government and not the student associations responsible for the failure to settle the crisis. (Le Devoir, May 12, 2012)

The portrayal of the students’ struggle as a self-serving attempt to avoid paying “their fair share” of education expenses is falling flat on its face. As Michel David columnist for the Le Devoir  concluded “If so many young people are prepared to sacrifice their session, it is manifestly because they feel they are defending a cause that goes beyond their individual interests.” (Le Devoir, May 12, 2012)

This Tuesday, May 22nd, the one hundredth day of the strike, another very large demonstration is planned.  Quebec labour associations have expressed their support for the May 22 action and for challenging the regulations contained in Bill 78. The protests are now moving further and further away from dialogue, discussion, and negotiations and moving into the politics of civil disobedience.  By participating in the very large demonstration, to avoid potential fines we advise you, for the sole purpose of our legal obligations, not to cancel classes in order to attend the demonstration and not get involved in any actions that would hinder students from attending their classes or prevent the normal operations of an educational institution.

What does this mean for us as faculty?

If you would like to read Bill 78, the French/English texts are on the following sites.

English
https://www.documentcloud.org/documents/357492-quebec-education-special-law.html
French
http://www.scribd.com/Radio-Canada/d/93974369-Projet-de-loi-78

Petition to Rescind Bill 78

If you are opposed to Bill 78 and would like it rescinded, you can sign the following petition. The legal clinic JuriPop has been mandated by FECQ to request an annulment of this law because of its unconstitutional basis. If you want to add your name to the request please go fill the form here
http://www.loi78.com/

Faculty Town Hall Meeting – Friday, June 1, 2012 at 12 noon

The Association is organizing another Faculty Town Hall to take place on Friday, June 1, 2012 at 12 noon so that full and part-time faculty can discuss Bill 78 and it’s implications for us as faculty members.

If you are interested in attending please communicate with CUPFA (cupfa@alcor.concordia.ca).

David Douglas, Chair of Communications, CUPFA Executive

Update #6 May 11, 2012 – The Wrong Deal

At some point, you just feel like a kid in the back seat of your parent’s car, enduring a seemingly endless journey to somewhere. You have no control over anything, and are left asking the inevitable question to those in the front seat, the people who are supposed to be in charge: “when are we going to get there?”

The Association was hopeful that the “deal in principle” negotiated with the three Quebec student federations with the Ministry of Education would provide closure to the student protest. We were cautiously optimistic given how intransigent the Minister of Education has been to sit down with the student leaders until well after 14 weeks of “strike” actions. Was it necessary to wait this long to negotiate only to endure more protests and further risk the academic careers of our students?

Their other decision, an 11th hour attempt to sequester the Quebec Liberal Party convention to Victoriaville (beside a construction site), did not bode well for students demonstrating their concerns. As it turned out, the affair placed students and the citizens of Victoriaville in peril: all this in a vain attempt to not repeat the Plan du Nord spectacle. Despite the debacle, word came out of the brief glimmer of “the deal.” A hope on Saturday last that we were finally going to see the end of this collective nightmare. But it was not to be. As we have seen this week, the “deal” has died a quick death.

The “Deal In Principle” 

The “deal” provided was not an honourable “deal” that could be endorsed by students province-wide. The three elements of the “deal in principle” were each fraught with limitations and vague assumptions that would not address the planned hikes in tuition let alone the privatization of post-secondary education. Remember that the tuition hikes generate a real increase of $265 million. This is the amount students need replaced.

What were the three elements of this “deal”? 

  1. The creation of a Committee to evaluate spending in the universities in the hopes of reducing costs of tuition.
  2. An increase of $51 million in bursaries and loans.
  3. The stretching of tuition hikes to seven years.

What is wrong with the “deal”?

1. The Committee 

The examination of excessive spending of senior administrators and their bureaucratic regimes, the excessive spending in publicity, the excessive spending in the creation of satellite campuses, excessive spending of real-estate (e.g. Ilot Voyageur by UQAM) should rightly be examined to render Universities publicly accountable.

We are no strangers at Concordia to the amount of money spent on severance packages alone – figures closer to $25 million when you throw in the number of senior staff who have mysteriously disappeared and others who have had to be hired on an interim basis. A former Concordia President had to brought back and duly compensated.

Then there is the question of the Committee’s 19 member composition who would ultimately determine any potential sources for savings. The committee is not a parity committee making any negotiations difficult. Students would hold 4 out of 19 positions. The remaining 15 seats consist of 4 members from the unions, 6 University Presidents/Rectors, 2 members of the business community (chosen by the Minister yourself), 1 member from the Federation of Colleges, and 1 member of the Ministry of Education. The Committee would be chaired by an individual appointed by the Minister. Lastly, the Minister would also hold the tiebreaking vote.

The difficulty here is that the Committee is not a bilateral committee (students and government) but a multilateral committee wherein the ultimate power for decision making would not reside with those directly affected with the conflict – the students. And when has a University President/Rector ever admitted to having sufficient funds to operate their University? Unlikely that any University administrator would recommend cutting operational funds so students could pay less. As for government, they not only imposed the expensive corporate structures Universities now have, but provided laissez-faire policies for Universities to impose user-fees on students.  The government allowed Universities to charge these fees in the first place. If they were serious about addressing them, why did they not take a more direct approach to ending them?

The proposed Committee would therefore be unlikely to resolve some fundamental conflicts for faculty, students and staff who study, work, and share a commonality of interests about the privatization of post-secondary education. 

2. An increase of $51 million in bursaries and loans. 

Aside from increasing student debt, and continued limitations on eligibility criteria for bursaries, much of the $51 million in financing would come from the Universities’ budgets for teaching. This would result in larger classes. Then there are the proposed changes by the Quebec Minister of Revenue with the reduction of the tax deduction for education in addition to students and families paying higher taxes. It is difficult to see the benefit to students or to faculty of this proposal in the “deal”. The key is to recognize that the interests of students and faculty are shared. Larger classes, elearning as a panacea, fewer funds supporting graduate studies, etc. are some of those concerns we all share that will not be addressed.

3. The stretching of the tuition hikes over seven years.

The “deal” proposes hikes in tuition that would be spread over seven years instead of the original proposal of five years. “Increases over seven years will be lower”, vaunted the Minister. Rhetoric aside, the total increase will be more as it will be indexed each of the years. No student could agree to pay more than what was originally proposed by the Minister. Difficult to understand why this logic has escaped the government. 

Alternatives to Tuition Hikes 

There are a number of alternatives to tuition hikes that have not been explored. Other countries that have found ways to finance Universities without placing students in debt. No not any of the English speaking countries of the U.S., England, Australia or New Zealand but countries like Holland, the Czech Republic, India, and the Scandinavian countries. These models have not been studied or advanced. Other solutions involve a serious examination of taxation. What follows are a number of well documented tax proposals submitted by the Dawson Faculty Union. Unlikely that any of these would be studied by the Committee that would be formed as part of the “deal”. The proposed Quebec government’s “deal in principle” is no Keynesian agreement but the wrong deal.

Students have democratically defeated the “deal”, many risking the semester while remaining fearless to stand.

We’re back to square one 14 weeks later and, we’ll remain in this challenge for more weeks to come.

ALTERNATIVES TO TUITION HIKES AS PROPOSED

BY THE DAWSON TEACHER’S UNION

Increasing the present division of 3 tax personal income tax brackets to 10 and returning to a more progressive taxation system could generate about $1.2 billion in additional revenues while redistributing the tax burden more equitably between income levels. Those making between $25,000 and $60,000 would see a slight decrease in their taxes while those earning over 60,000 would face progressively higher taxes, approaching 50% for those earning $250,000 and over.

Canadian corporate income tax rates, currently 15%, have been steadily slashed since 2000 when they were at 28%. This represents more than $10 billion a year (CCPA) of lost revenues. The Quebec government could offset the federal government’s reduction in corporate income tax (already one of the lowest in the western world) and recoup some of this lost revenue. A report by the CCPA shows that the lower corporate tax rates have not translated into increased jobs as promised by Liberal and Conservative governments.

Re-imposing reasonable tax rates on Canadian banks, the most profitable sector of the economy, would provide a huge boost to revenues. (Banks have also been the beneficiaries of a little known Canadian “bail out” of at least $200 billion). Last year, after tax bank profits for the top three banks (Royal, TD and Scotia) was over $14 billion dollars. In 2009, as Jim Stanford of The Globe and Mail states “…restoring tax rates for the financial sector to where they were when the Conservatives took office (21 per cent, plus a 1.12 per cent surtax) would boost the take to $4-billion a year.” Again, the provincial government could introduce offsetting taxes. Quebec Solidaire has shown that a 0.3% increase in taxes on profits of financial institutions would add enough to replace the government fees increase and a 0.8% increase would finance free post secondary education.

Closing the exemption for 50% of the revenue from capital gains for individuals earning over $250,000 per year could result in additional $244 million dollars.

The same measure applied to corporations would result in revenues of up to $470 million per year.

In 2009, the Quebec government allowed corporations to defer payment of corporate taxes to future years to compensate for losses in previous years. This represented a loss of about $709 million.

In 2010, then Revenue minister, Jean-Pierre Blackburn, stated that Canadians deposited $146 billion in tax shelters, a substantial increase from the $88 billion reported in 2003.

The costs of corruption in Quebec’s construction industry are legion. Estimates run between 2 and $4.5 billion yearly (Le Soleil). A serious push to increase oversight by appointing additional inspectors and arming them with adequate legal power, as was done in New York City in the 1980s, could return an important fraction of that amount.

CLASSE suggests that reducing the excess funding in Quebec of commercial research directly connected to company interests from the current 26.2% would generate 142 million. If excessive Quebec directed research were reduced to the Canadian average of 21.5%, the 30% increase of 2007 could be eliminated. CLASSE also suggest that the elimination of University commercial publicity would save $18 million. To this could be added the money saved by a freeze in the hiring and salaries of managers and directors in Quebec universities and by a moratorium on new satellite campuses and the expansion of existing satellite campuses. For example managers in the University of Quebec received an increase in pay by 83% from 1997-2004.

Sources

“2011 Rankings of Canada’s top 1000 public companies by profit”, Globe and Mail Update Thursday, Jun. 23, 2011
http://www.theglobeandmail.com/report-on-business/rob-magazine/top-1000/2011-rankings-of-canadas-top-1000-public-companies-by-profit/article2071184/

Pierre Couture, “Contrats d’infrastrusctures: le chantier de la… corruption!” Le Soleil, 28 septembre http://www.lapresse.ca/le-soleil/affaires/actualite-economique/201109/27/01-4451979-contrats-dinfrastrusctures-le-chantier-de-la-corruption.php

David Macdonald, “Corporate Income Taxes, Profit, and Employment Performance of Canada’s Largest Companies,” Canadian Center for Policy Alternatives April 2011
http://www.policyalternatives.ca/sites/default/files/uploads/publications/National%20Office/2011/04/Corporate%20Income%20Taxes%2C%20Profit%2C%20and%20Employment.pdf

IRIS (Institut de recherche et d’informations socio-économiques,“ Budget 2010: comment financer les services publics? Mars 2010.
http://www.iris-recherche.qc.ca/wp-content/uploads/2011/06/Note-Budget2010.pdf

IRIS (Institut de recherche et d’informations socio-économiques) “D’où vient la «crise» des finances publiques?” Mars 2008.
http://www.iris-recherche.qc.ca/wp-content/uploads/2011/06/note_fiscalit%C3%A9.pdf

Jim Stanford, “Bottom line: Canadian banks should pay their fair share,” Globe and Mail, Friday, Apr. 30, 2010.
http://m.theglobeandmail.com/news/opinions/bottom-line-canadian-banks-should-pay-their-fair-share/article1551490/?service=mobile

Radio-Canada.ca “Duchesneau à TLMP : l’opposition à Québec réitère son appel pour une enquête publique,” lundi 26 septembre 2011
http://www.radio-canada.ca/nouvelles/Politique/2011/09/26/001-reactions-opposition-duchesneau-entrevue.shtml

QuebecSolidaire
http://www.quebecsolidaire.net/actualite_nationale/greve_etudiante_quebec_solidaire_propose_un_plan_de_sortie_de_crise

CLASSE
http://www.bloquonslahausse.com/

Dr. David Douglas,
Chair Communications,
CUPFA Executive

Welcome to Dr. Alan Shepard, Concordia’s New President

On behalf of CUPFA faculty members, I wish to extend our warmest welcome to Dr. Alan Shepard, our new President and Vice-Chancellor.  The appointment of Dr. Shepard, the former Provost of Ryerson University, begins a new era at Concordia. Since the departure of Dr. Judith Woodsworth, Concordia has been making great strides to improve its governance, and we view the appointment of our new President as a vital component in these continued efforts.  In our preliminary meetings with Dr. Shepard, we have conveyed to him our concerns that, if Concordia is to realise its full potential, it must quickly address the issue of sustainability with University policies and establish effective labour relations. We remain confident our new President will provide the leadership for innovation and needed growth. We pledge our support to Dr. Alan Shepard and are eager to work with him to transform the Concordia of today into the University of tomorrow.

Maria E. Peluso,
President