This afternoon the Charest government passed Bill 78 for which the stated goal is to put an end to the civil unrest of the past three months in Quebec, and allow students that wish to return to their classes to do so.
On the surface, the intentions are generally good, but in practical terms, this is just one more escalation in a conflict in which all sides are guilty of provocation and absence of leadership.
The student protest against a relatively modest increase in tuition fees reached the point of being a farce many weeks ago. The student leaders have shown little inclination to negotiate, and even less inclination to compromise on their position.
On the other hand, the provincial government has shown a willingness to do both on many occasions, but has also shown contempt for the grievances of student groups and has condemned violence by protesters while at the same time condoning (implicitly) violence of equal if not greater proportion perpetrated by police forces in Montreal and elsewhere in the province.
It was apparent before this evening that authorities no longer had much regard for civil liberties. Incidents of illegal detentions, charges rapidly being dropped, peaceful assemblies being declared illegal and other concerning developments are plentiful.
Sadly, outbursts of violence at student protests, of which at least some (certainly not all, not even a majority, but some nonetheless) students are responsible have been an almost daily occurrence. These incidents which certain student leaders took time to condemn have damaged the credibility of all protesters by association.
So where does that leave us? We have two opposing factions, who have lost what little trust they had in each other, trying to put an end to a crisis in which both are unwilling to show any humility or take any responsibility. It is to be expected that the government not wish to appear as though it were caving in to the demands of protesters that are hardly representative of a majority of their peers, let alone of the electorate. For one thing, if the government allows itself to be pushed into such a position, it then becomes a lame-duck at any subsequent negotiations with interest groups of one sort or another. Secondly, governments quite normally wish to get re-elected and continue to govern. Showing weakness against what is perceived by the public to be a bunch of hooligans hardly makes for a compelling case at the ballot box.
For this reason, Bill 78 is incredibly difficult to understand. It tramples civil liberties, including many that are protected by the Charter, in order to get students back into the classrooms, an objective that is dubious at best. The right to assemble and peacefully protest is fundamental in any free society. It is one of the ultimate ways for the citizenry to show its rulers that they disagree. Taking that right away, or subjugating it to the whims of the police force having jurisdiction in a particular area, is a rather frightening approach to crisis management.
It is hard to have envisioned any other result to this type of legislation being enacted, than more protests, only this time in the name of protecting our rights as citizens. Already tonight, and I expect it to snowball during the long week-end, people who had nothing to do with the protesting students are now joining them to show their disgust over this type of measure.
It will be very difficult for this legislation to be enforced in any meaningful way, which will have the bizarre effect of weakening the rule of law rather than enforcing it. If tonight is an example of things to come, the Montreal police will act as though this law had never been given assent and we will be back at square one, with the government frantically looking for a solution and the student protesters claiming another victory.
The big loser in all of this, is once again, the average citizen who sees his rights diminished, the rule of law damaged and in some cases, his property damaged and safety threatened. Unfortunately for democracy’s sake, our elected leaders likely don’t need to fear much of a backlash on election day over yet another encroachment upon our fundamental freedoms.