Quebec court rules against Concordia University's attempt to pause tuition hike

A Quebec Superior Court judge has denied Concordia University’s request to delay a controversial tuition hike for out-of-province and international students. Concordia University is seen in Montreal, Friday, Feb. 23, 2024. THE CANADIAN PRESS/Christinne Muschi

A Quebec Superior Court judge has denied Concordia University’s request to delay a controversial tuition hike for out-of-province and international students.

Justice Éric Dufour ruled on July 12 that suspending the tuition increase would disrupt the Quebec government's funding plan for universities across the province. Concordia had argued for a stay until its legal challenge of the tuition changes can be heard.

Quebec's two largest English-language universities are fighting the tuition increase, announced last fall by the Quebec government as a measure to protect the French language. They argue the change is discriminatory and will hurt enrolment.

Concordia did prove it will face "serious or irreparable harm" from the new rules, Dufour wrote, but that wasn't enough to justify suspending the hike.

A spokesperson for Concordia said the request for a stay was "only one step in the process, and we look forward to our arguments being heard on the merits."

Starting this fall, out-of-province students at Quebec universities will pay 33 per cent more in tuition, or around $12,000 a year. International student tuition will be at least $20,000.

Higher Education Minister Pascale Déry unveiled the changes last October, claiming they were necessary to prevent the decline of the French language in Quebec. The government promised to redistribute the extra funds to French-language universities, which receive fewer out-of-province and international students.

The government originally planned to nearly double out-of-province tuition to $17,000. In December, Déry reduced the hike to $12,000, but added a requirement that 80 per cent of out-of-province and international students will have to learn French.

Concordia and McGill University both argue the tuition increase constitutes discrimination under the Charter of Rights and Freedoms. Concordia says it's anticipating 12 per cent fewer registrations and a loss of $21 million in funding for the 2024-25 school year.

The university told the court the loss of out-of-province and international students would affect the university's "financial stability and its academic development, to the detriment of the English-speaking community of Quebec."

But the Quebec government countered that Section 15 of the Charter doesn't protect people from discrimination based on language. The attorney general argued that postponing the tuition hike would require "a reassessment of the budgetary rules for the entire university network," according to the decision.

Concordia and McGill have launched separate lawsuits challenging the tuition hike. Their arguments will be heard in court this fall.

This report by The Canadian Press was first published July 18, 2024.