A coalition representing all universities in Quebec is raising serious concerns about the provincial government's proposed constitution, warning it would severely curtail academic freedom and institutional independence.
Punitive Measures and Self-Censorship
The Bureau de coopération interuniversitaire (BCI) has issued a formal brief to a National Assembly committee studying Bill 1 – the Quebec Constitution Act, 2025. The group warns that the legislation would create a powerful disincentive for public institutions, including universities, to challenge government laws.
Under the draft constitution, if the National Assembly declares that a law "protects the Quebec nation," universities would be barred from contesting it using public funds. More alarmingly, administrators who authorize such a legal challenge could be held personally liable for any legal costs incurred.
"In practice, an administrator might choose not to challenge a law that infringes on academic freedom using public funds, to avoid personal liability," the BCI stated. "This could create a climate of institutional self-censorship that conflicts with the principles of university governance."
Direct Impact on Recent Court Challenges
This provision would directly impact the kind of court action recently taken by McGill and Concordia universities. The two institutions sued the Quebec government over a major tuition overhaul announced in fall 2023, which included a 33 per cent hike for out-of-province students and a new French-proficiency requirement.
Their legal challenge proved successful. In April 2025, the Superior Court of Quebec found the overhaul "unreasonable," cancelling the French requirement and giving the government nine months to revise its plan.
However, the fight came at a significant cost. Data obtained by The Gazette reveals that Concordia spent $780,000 on legal fees for the challenge. Under the new rules proposed in Bill 1, university officials who approved that spending could have been personally responsible for the amount.
Broader Legal and Democratic Concerns
The BCI is not alone in its criticism. The proposed legislation has drawn fire from numerous legal and human rights organizations. The Barreau du Québec has urged the government to remove the provision, calling Bill 1 part of a "drift toward authoritarianism" that weakens societal checks and balances.
Constitutional lawyer Julius Grey has argued that the bill would effectively mean only the wealthy could afford to contest laws, as court challenges are prohibitively expensive for most individuals and institutions.
The BCI also urged the government to grant academic freedom and institutional autonomy a protected, supra-legislative status within the constitution, similar to the protection given to fundamental and linguistic rights. This would prevent these core university principles from being easily overridden by ordinary legislation.
Premier François Legault has defended the proposed constitution as an effort to affirm Quebec's "national, distinct character." However, the BCI and other critics contend that the bill endangers the unique mission of universities, which is fundamentally based on principles of academic freedom and institutional autonomy.
