ON Student Choice Initiative struck down by Divisional Court

November 25, 2019

Ontario’s Divisional Court has agreed with The Canadian Federation of Students and York Federation of Students’ challenge to the ON government’s Student Choice Initiative, a government measure that allowed postsecondary students to opt out of paying fees for services deemed ‘non-essential.’ In the decision, the court called the autonomy of universities "fundamental to the academic freedom that is their hallmark," adding, “there is no statutory authority authorizing Cabinet or the Minister to interfere in the internal affairs of these student associations," reports CBC. The court also pointed to a lack in explanation behind why certain fees were deemed essential—such as athletics— and others were not. A representative for the Ministry of Colleges and Universities said it is currently reviewing the decision and told CBC that it "will have more to say on this at a later date." CBC | The Nugget (ON)