#loi78

[remimartel]

[translatingtheprintempserable]

Does continuing the student strike play into the Liberals' game? (La Presse)

Blandine Parchemal, Ph.D. student, Université de Montréal       August 9, 2012

Original French Text: http://www.lapresse.ca/debats/le-cercle-la-presse/actualites/201208/09/48-932-poursuivre-la-greve-etudiante-est-ce-jouer-le-jeu-des-liberaux.php

"If the student strike continues, that will play into the Liberals' game". "By prolonging the strike, students are participating in the re-election of the Liberal Party". These words can be heard everywhere these days: as much from right wing pundits opposed to the movement as from those wearing the red square, be they citizens, journalists, professors or students.

But what exactly does that mean, playing the Liberals' game?

Given this background, it's necessary to make a few points.

How can people accuse striking students to be ushering in the re-election of the QLP (Québec Liberal Party) when in fact it's been over six months that our fight is specifically against the Liberal Party? Do we have such short memories that we have forgotten all of this struggle, the entire social movement opposing the Liberal government? Have we already forgotten the refreshing springtime and fallen into a suffocating summer? Our objective has always been to denounce the entire QLP agenda: tuition fee hike, Plan Nord, shale gas, corruption, collusion and so on. Our new slogan is "Out with the Neoliberals". It's therefore painful to hear that the student strike could help the Liberal Party get re-elected after all the energy that went into criticizing that same party.

As well, the advice is to return to classes to avoid all incidents of violence that would be favourable to the Liberal campaign. But who started the violence? Who enacted law 12? Who failed to react in a just and intelligent manner to the conflict?

We are not the cause of this violence: the real violence is that of law 12, it is that of not honouring our strike votes taken in general assemblies. The real violence is that which does not recognize real democracy.

To actually play the game of the Liberals would to not continue the strike, instead caving to their strategy: to accept the scheduled return to classes at the end of August, to not contravene law 12 and especially to consider the election call as a signal to stop the movement -- even though this election was consciously launched to coincide with the return to classes precisely to silence the movement.

To play the Liberals' game would be to remain stuck in the status quo and to buy into the idea of a fixed public opinion, always looking for security and order. To play the Liberals' game would be to silence our ideals in the name of a so-called strategic truce or end of the strike.

***

Translated from the original French by Translating the printemps érable.

*Translating the printemps érable is a volunteer collective attempting to balance the English media’s extremely poor coverage of the student conflict in Québec by translating media that has been published in French into English. These are amateur translations; we have done our best to translate these pieces fairly and coherently, but the final texts may still leave something to be desired. If you find any important errors in any of these texts, we would be very grateful if you would share them with us at [email protected]. Please read and distribute these texts in the spirit in which they were intended; that of solidarity and the sharing of information.

[translatingtheprintempserable]

Bill 78: Jean Charest defers to the judgement of the police (La Presse)

Tommy Chouinard    August 8, 2012

Original French Text: http://www.lapresse.ca/actualites/elections-quebec-2012/201208/08/01-4563394-loi-78-jean-charest-sen-remet-au-jugement-de-la-police.php

Incumbent Premier Jean Charest will defer to the judgement of police to determine if Law 78 has to be forcibly applied.  

Jean Charest, unlike this CAQ adversary François Legault, does not envision sanctions against professors who refuse to cross picket lines to give classes.  

The Liberal party leader was walking on eggshells on Wednesday as journalists asked him what he would do if the return to classes did not go smoothly in any of the 14 universities and colleges affected by the student strike.  

He also defers to the "good judgement" of educational institutions when choosing what measures to take to ensure that the return to classes happens in an orderly way next week.  

"There may be difficult situations.  If that is the case, people will use their good judgement.  The law is there so that it can be applied, but in a context of using good judgement," he explained at a press conference in Montréal.  

"We trust the judgement of the leaders of colleges.  They are in the best position to determine what action must be taken to ensure security for everyone."

He said that he approves of the decision to hire security guards for cégeps.  "Each establishment has to make decisions based on its needs," he said.  He says it is normal that the Fédération des cégeps met with Montréal police today.  "I think people want all possible precautions to be taken," he said. 

At this time, he does not imagine sanctions against professors who refuse to cross picket lines to give classes.  "We are not at the point of sanctions now," he said.  "There is no reason to think that the return to classes will be anything but calm."

But what will he do if it is not calm?  "That is a hypothetical question," he answered.  "We will take it one step at a time," he said.  "This is not the time to imagine all kinds of possible scenarios.  We have to give the return to classes time to happen."

"If there is a sword of Damocles," he said, "I'm not the one holding it, but rather the students," he added.  "It's not me who is choosing to do these things: I denounce such things."  

***

Translated from the original French by Translating the printemps érable.

*Translating the printemps érable is a volunteer collective attempting to balance the English media’s extremely poor coverage of the student conflict in Québec by translating media that has been published in French into English. These are amateur translations; we have done our best to translate these pieces fairly and coherently, but the final texts may still leave something to be desired. If you find any important errors in any of these texts, we would be very grateful if you would share them with us at [email protected]. Please read and distribute these texts in the spirit in which they were intended; that of solidarity and the sharing of information.

[translatingtheprintempserable]

Teachers Sanctioned for a Letter Published in Le Devoir (Le Devoir)

Raphaël Dallaire Ferland    August 8, 2012

Original French Text: http://www.ledevoir.com/politique/quebec/356314/des-enseignants-sanctionnes-pour-une-lettre-publiee-dans-le-devoir

An online petition is being circulated in support of eleven teachers

[Photo : Pedro Ruiz - Le Devoir. Caption: Bill 78 was denounced from all quarters last spring.]

Management of Collège Lionel-Groulx didn't seem to get the memo that contributors to the "Ideas" section of Le Devoir are "free to think for themselves."  After publication of an open letter in this newspaper in May, a written reprimand has been issued to each of its eleven signatories, who are being threatened with dismissal if they offend again.  

Eleven instructors denounced the way in which the management of the college was manipulated into being an enforcement agency.  In an op-ed piece titled, "Violence à Lionel-Groulx: voici notre version," published May 31, 2012.  They criticized Monique Laurin, the director of the collège de Sainte-Thérèse, for her decision to enforce the injunction.  They said, "This special law is an explosive weapon in the hands of an executive such as this."

The letter made reference to the events of May 15, 2012, on the third day of an injunction seeking to liberate access to the college where a hundred protesters sought to enforce a strike vote.  Officers of the Sûreté du Québec therefore freed the entrance by using chemical irritants and arrested many people for illegal assembly.  

According to our sources, one week after the letter was published, the signatories were summoned to a meeting with the college's director of human resources, who demanded another letter seeking to make amends for their lack of loyalty to the institution.  In the case of a conflict between management and teachers, they were told, there is a grievance process to be followed before taking recourse in an open letter sent to newspapers.  The eleven refused to apologize.  

A second meeting saw the personal intervention of Monique Laurin, who withdrew the request for a written apology.  A source said she cited "legal and economic responsibilities.  According to that source, Laurin also has "political and partisan" responsibilities, as she ran as a candidate for the Liberal party of Quebec in the 2008 elections.  

The teachers refused again to apologize, saying they had defended the values of security and freedom of expression at the college, and because the grievance process would have been too slow to be effective in a crisis situation.  A reprimand was subsequently placed on their records.  A second offense would result in dismissal.  

"This is a way of tying our hands," one signatory says anonymously.  "Our situation is perilous.  They want to make us afraid, to muzzle us."

Rather than a letter of apology, the eleven instructors responded with a terse paragraph, sent privately to management, stating their intention to act in the same way if there is a new conflict between management, teachers and students.  

Several colleagues of the eleven instructors have said that the written reprimand was unjust.  A petition launched in support of the group of 11 had collected more than 3100 signatures since its launch on Saturday.  

The return to classes at Collège Lionel-Groulx is scheduled for August 16.  The General Assembly of Students, which is affiliated with CLASSE, invites its members to make their opinions heard on August 14 on whether to resume the strike.  

Management of collège Lionel-Groulx did not return calls yesterday.  

[Translator's Note: Read the op-ed piece, in English translation, at: http://www.quebecprotest.com/post/24470574512/the-violence-at-lionel-groulx-our-side-of-the-story. A translation of the petition circulating in defense of the teachers can be found here: http://www.quebecprotest.com/post/29014316763/disciplinary-action-taken-against-11-teachers-at.]

***

Translated from the original French by Translating the printemps érable.

*Translating the printemps érable is a volunteer collective attempting to balance the English media’s extremely poor coverage of the student conflict in Québec by translating media that has been published in French into English. These are amateur translations; we have done our best to translate these pieces fairly and coherently, but the final texts may still leave something to be desired. If you find any important errors in any of these texts, we would be very grateful if you would share them with us at [email protected]. Please read and distribute these texts in the spirit in which they were intended; that of solidarity and the sharing of information.

[translatingtheprintempserable]

Some thoughts on the (possible) return to classes (Le Voir)

Normand Baillargeon     August 7, 2012

Original French Text: http://voir.ca/normand-baillargeon/2012/08/07/pensees-sur-la-possible-rentree/

 As you may know, I am a professor at UQAM.

Students in my faculty, as in many other CEGEPS and universities, have been on strike for a very long time. They are now subject to a law forcing a return to class and forcing me, as their professor, to teach them. The law in question comes with very severe penalties for those who do not comply.

The situation is, I think, a first, and it is daunting and worrisome on many counts. Here, in no particular order, are a few of my thoughts and feelings on the subject.

For starters, I am outraged at the idea of being ordered to learn or teach. On top of all of the good reasons already invoked by other professors, I would add that education is an activity that presupposes a certain degree of consent, for those learning as for those teaching, and I fear the direction we are headed falls very short of that goal. It is hard to imagine teaching under these circumstances, and I completely understand my colleagues’ initiative concerning the “impossibility of teaching under Bill 78” (in French, also here, in English) and their invitation to protest at the Ministry of Education (Recreation and Sports: the name always irked me, but maybe it refers to the fact that teaching leaves little time for recreation and is hard work!).

At the same time, my thoughts go out to the students. I have to say, I miss them. Teaching is not only an essential part of my career but of my life. I don’t know what UQAM’s students are going to decide, but I will respect their choice. If they decide to continue the strike, it is out of the question that I will cross the picket line. If they choose to end the strike, I have already advised my department that I will do everything I can, even on a volunteer basis, to help them.

Because at this point, if there is a return to class, it’s going to be turbulent and, pedagogically speaking, extremely demanding.  

I fear we’ll be dealing with a lot of difficult, even absurd situations, thanks to the logistical headache the government has imposed on the directors of educational institutions. Examples? The professor who was giving the courses is now retired; another is on maternity leave, or sick leave, or sabbatical; the student who has to simultaneously finish CEGEP in Sorel and begin university in Rimouski; another who has courses to take that are not being offered, for one reason or another; a science lab that simply doesn’t have enough room for all the students who are taking express courses and need access; and the list goes on and on, without even mentioning all the other unpredictable situations that will inevitably arise.

Furthermore, strictly on the teaching front, it’s going to be an enormous challenge. Anyone who has studied can easily imagine the situation. Here’s a likely typical scenario.

You return to class after a six-month absence. The first four weeks had given you just enough time to become acquainted with the material. Since then, you haven’t really looked at it. Then you return to class and are expected, in the space or five or six weeks, to jump back in (what was that about the limit of a function? or Plato? or Newton’s laws?) and complete the program, while your teacher is expected to evaluate what you have learned. It’s going to be a living hell! I’ll say it again: a living hell! And I’m sure I’m not the only professor racking my brains to come up with, if not the best, at least some way to overcome this challenge.

We have about two weeks before the return to class, if there is a return... 

***

Translated from the original French by Translating the printemps érable.

*Translating the printemps érable is a volunteer collective attempting to balance the English media’s extremely poor coverage of the student conflict in Québec by translating media that has been published in French into English. These are amateur translations; we have done our best to translate these pieces fairly and coherently, but the final texts may still leave something to be desired. If you find any important errors in any of these texts, we would be very grateful if you would share them with us at [email protected]. Please read and distribute these texts in the spirit in which they were intended; that of solidarity and the sharing of information.

[translatingtheprintempserable]

A genuine protest police (Journal de Montréal)

Daniel Renaud     July 18, 2012 (updated July 19, 2012)

Original French Text: http://www.journaldemontreal.com/2012/07/18/une-escouade-plus-mordante

Photo caption: The 2012 version of the Urban Brigade has more teeth and is mobilized to assist other services charged with controlling the student demonstrations. (Archive photo.)

Compelled by student demonstrations and social context, the traditional Urban Brigade of the Montréal Police is presenting a somewhat more repressive face this summer, the Journal has noticed.

And by reason of the more movement-oriented social context, the mandate of the brigade, which normally terminates at the end of summer, could be extended into the fall if the situation warrants it; that is to say, if the protests resume in earnest.

Created in 2009, at its origin to ensure the smooth running of the many summer festivals in Montréal, the Urban Brigade of 2012 has more teeth than the three previous incarnations.

Super-patrollers

Since last Sunday, in fact, super-patrollers wearing a dark blue uniform and sporting a new turquoise shoulder patch have begun to intervene with the nightly demonstrators.

They are situated halfway between the patrol officers from neighborhood stations and those of the Groupe d’intervention (riot control). They are chosen through a selection process, receive special training and have more sophisticated equipment than patrol officers, which police headquarters refuses to identify for strategic reasons.

More mobile

Unlike their colleagues from Intervention, these officers, who have several years of experience behind their Kevlar vests, do not carry a shield, so as to be more mobile.

"What strikes me from the outset is the rapidity with which demonstrations are organized over social networks. With these mobile police officers, it is our way of responding," explained Inspector Philippe Pichet, of the Operational Planning Division of the SPVM.

"These officers are deployed when we need to make interventions a little more forcefully."

"For example, when a demonstration begins and we have information that it might deteriorate. At the sight of these police officers, the citizens who are demonstrating should be forewarned," continued Inspector Pichet.

No more cadets

Between Sunday and yesterday, police officers with the more "pointed" mandate had arrested two persons for violations of municipal regulations.

Unlike in previous years, the Brigade does not include cadets (students of police techniques) within its ranks.

As in past years, this year's Brigade is partly composed of bicycle patrollers, who make up about half of its personnel.

Investigations launched

As for investigations into the demonstrations and crimes committed in the context of the student conflict, they are no longer within the ambit of Operations Center South, but are now under the Organized Crime Division (DCO) since the Canadian Grand Prix in early June.

While the administration is satisfied with the work accomplished by investigators from the strike force set up following the incident of the smoke bombs in the métro, it decided to transfer everything to the DCO, presumably to be more effective at the level of intelligence.

Investigations are continuing, and individuals who have caused mischief in recent months are still being sought by the police.

More than a year ago, the SPVM created a squad called GAMMA to combat radical groups. However, it was dissolved shortly thereafter.

***

Translated from the original French by Translating the printemps érable.

*Translating the printemps érable is a volunteer collective attempting to balance the English media’s extremely poor coverage of the student conflict in Québec by translating media that has been published in French into English. These are amateur translations; we have done our best to translate these pieces fairly and coherently, but the final texts may still leave something to be desired. If you find any important errors in any of these texts, we would be very grateful if you would share them with us at [email protected]. Please read and distribute these texts in the spirit in which they were intended; that of solidarity and the sharing of information.

[k0r0vamilkbar-blog]

MONTRÉAL - La CSN lance une campagne de publicité contre la loi spéciale qui encadre les manifestations et y dénonce, du même souffle, plusieurs autres actions du gouvernement Charest.

Dans ces messages publicitaires, auxquels La Presse Canadienne a pu avoir accès, on entend d'abord des voix murmurer les termes collusion, financement occulte, places en garderie, droits de scolarité, gaz de schiste, Plan Nord.

Puis une voix de femme souligne qu'«il aura fallu au gouvernement Charest plus de deux ans pour dire oui à une commission d'enquête» sur l'industrie de la construction, «mais moins de 24 heures pour adopter une loi spéciale qui porte atteinte aux libertés civiles et qui menace notre démocratie».

Le message radio se conclut par «le Québec mérite mieux».

Cette campagne contre la loi spéciale sera diffusée à la radio, dans les journaux quotidiens les deux prochains samedis, ainsi que sur le web, a précisé en entrevue Pierre Patry, trésorier au comité exécutif de la CSN.

La Confédération des syndicats nationaux veut profiter du temps qu'il lui reste avant le déclenchement possible de la campagne électorale, le 1er août, pour diffuser son message d'insatisfaction. Lorsque les élections seront officiellement annoncées, de telles campagnes peuvent être considérées comme des dépenses électorales.

Cette campagne a coûté 200 000 $ à la centrale syndicale.

M. Patry rappelle que la loi spéciale, adoptée dans la foulée de la crise étudiante et sociale du printemps dernier, ne vise pas seulement les associations étudiantes, leurs regroupements et leurs représentants. «Ça ne vise pas uniquement les associations étudiantes; ça vise toutes les organisations», souligne-t-il.

«Par exemple, si nous, on participe à une manifestation, il faut s'assurer que les gens que l'on représente respectent la loi. Nous, on les donne nos parcours; on n'a pas de problèmes à cet effet-là. Mais, si on est 10 000 personnes dans une manifestation, on ne pourra pas contrôler tout le monde qui participe à cette manifestation-là. Donc, il y a vraiment des attaques assez importantes envers les associations. Ça déborde largement le conflit étudiant», dénonce M. Patry.

La CSN a aussi un intérêt particulier contre cette loi spéciale, puisqu'elle représente de nombreux syndiqués dans les cégeps.

«Sous peu, il y aura la rentrée dans les cégeps, à compter du 13 août. Nous, on représente beaucoup de gens, chez le personnel de soutien et les enseignants de cégeps, qui vont se retrouver à oeuvrer dans des conditions qui ne sont pas idéales», déplore M. Patry.

Quant au fait que la campagne publicitaire dépasse le strict cadre de la loi spéciale et dénonce plusieurs mesures du gouvernement Charest, M. Patry le justifie ainsi: «la CSN mène une action de portée politique pour dénoncer quelque loi que ce soit avec laquelle on est en désaccord. Là, ça s'adresse au gouvernement Charest, mais on a des récriminations envers le gouvernement Harper. Et, à d'autres époques, d'autres gouvernements ont été au pouvoir, et quand ils posaient des gestes avec lesquels on n'était pas en accord, la CSN le disait». - La presse canadienne. 

[translatingtheprintempserable]

Bill 78 violates the rights guaranteed by the Charter (Le Devoir)

La Presse canadienne    July 19, 2012

Original French Text: http://www.ledevoir.com/politique/quebec/354930/la-loi-78-enfreindrait-les-droits-garantis-par-la-charte

[Photo caption] Many people denounced Bill 78 during the May 22 protest against raising tuition fees. Photo: Jacques Nadeau -- Le Devoir.

The Commission des droits de la personne et des droits de la jeunesse (CDPDJ) believes that the special law forcing the return of students to class this August violates the fundamental freedoms safeguarded by the Charter of Human Rights and Freedoms.

The Commission’s 56-page analysis concludes that articles 12 to 31 of the bill, which became Bill 12 after its adoption, directly or indirectly infringe upon the freedoms of conscience, opinion, expression, peaceful assembly, and association guaranteed by the Charter.

The Commission also rejects the justification by the Charest government of invoking article 9.1 of the Charter, which provides a framework for controlling certain freedoms for the common good. The Commission considers that the provisions of the special law do not meet the criteria of minimal restrictions required by article 9.1.

The Commission had initiated a detailed analysis of Bill 78, when it was adopted on May 18, all the while expressing serious concerns about it in relation to the Charter.

The analysis of the Commission notes, for example, that to prohibit gatherings inside or on the premises of an educational institution is a direct attack on the freedoms of expression and association.

It also underlines that the same applies with imposing student associations with the responsibility of controlling their members when they have neither the means nor the right to do so.

The ensemble of articles 12 to 17 governing demonstrations and the responsibility of associations is thus considered contrary to the Charter, as are articles 18 to 31 dealing with sanctions to be imposed. The Commission considers that, by their severity alone, these sanctions will undermine the freedoms of expression, peaceful assembly, and association.

The Commission concludes that articles of the bill should therefore be unenforceable in law.

******

Translated from the original French by Translating the printemps érable.

*Translating the printemps érable is a volunteer collective attempting to balance the English media’s extremely poor coverage of the student conflict in Québec by translating media that has been published in French into English. These are amateur translations; we have done our best to translate these pieces fairly and coherently, but the final texts may still leave something to be desired. If you find any important errors in any of these texts, we would be very grateful if you would share them with us at [email protected]. Please read and distribute these texts in the spirit in which they were intended; that of solidarity and the sharing of information.