The Minister of Training, Colleges and Universities appealed a Divisional Court decision that quashed the "Student Choice Initiative" framework, which mandated an opt-out system for non-essential student ancillary fees at Ontario colleges and universities.
The Court of Appeal dismissed the appeal, affirming that the framework was unlawful.
For colleges, the framework conflicted with section 7 of the Ontario Colleges of Applied Arts and Technology Act, 2002, which protects student governing bodies' normal activities.
For universities, the framework interfered with their statutory self-governance and institutional autonomy, a fundamental principle implicit in their establishing Acts.
The court clarified that the Minister's action was an exercise of executive authority, not prerogative power, and must yield to conflicting legislation.
