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July 24, 2012 - No. 101

Monthly March of Quebec Students

Tens of Thousands Demonstrate in Support of Call to Defeat the Liberals and Stop Fee Hikes


Montreal, July 22, 2012

Monthly March of Quebec Students
Tens of Thousands Demonstrate in Support of Call to Defeat the Liberals and Stop Fee Hikes
"We Are the Future" Students Affirm
New Website Mobilizes Students to Exercise Right to Vote

Education Is a Right
University of Montreal Professors Say Plan to Resume Classes Imposed Without Consultation
Government Refusal to Negotiate with Students Costs $7.3 Million in Overtime

Strike at the Quebec Construction Commission
Workers Oppose Extortion of Concessions

Quebec Construction Industry Linked to Government Corruption
Overview of the Charbonneau Commission's Work - Normand Fournier


Monthly March of Quebec Students

Tens of Thousands Demonstrate in Support of Call to Defeat the Liberals and Stop Fee Hikes

On Sunday, July 22, under the theme "Neoliberals Out," nearly 100,000 people responded to the call of the Broad Coalition of Student Union Solidarity (CLASSE) for the fifth monthly mass demonstration since March. With one voice, people of all ages and from all sectors proclaimed that the Charest government is an obstacle in the path of the Quebec people. Beginning at 2 pm, tens of thousands of people marched for two hours through downtown Montreal, from Emilie-Gamelin Park to Jean Charest's offices in downtown Montreal. All along the way they were met with the honking of horns and other expressions of support from passers-by, including residents waving red squares from their balconies as the demonstrators passed.

People from all walks of life participated: students, workers, families with their children, community groups and political parties. The atmosphere was one of optimism and confidence based on what has been achieved thus far, especially in the context of the attacks by the Liberals and the media against the student movement and their hopes that it would fizzle out. On the contrary -- the movement opposed to the Charest government continues to develop conviction in the justness of its demands and is ready to lead the battle against these representatives of neoliberalism in the next election.

The demonstrators and speakers highlighted the Charest government's increasingly palpable fear of the mobilization against it. CLASSE co-spokesperson Gabriel Nadeau-Dubois said, "We are frightening them with our determination and our ideas. [...] We are thousands of students and workers, tracking the Liberals' scandals. [...] We are hundreds of thousands who dream of more for Quebec, who are determined to kick out the Liberals and Jean Charest. We are hundreds of thousands who want to give the people back their country."

"Not so long ago, we said 'Another Quebec is Possible.' Today, I am certain that this Quebec already exists [...] it's only a matter of time before it becomes a reality," he said, calling on the people to continue their fight against the Charest government.

Demonstrations also took place in Quebec City and Trois-Rivières. Below are photos of the Montreal demonstration.



























(Translated from original French by TML. Photos: TML, Twitter)

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"We Are the Future" Students Affirm

On the eve of a possible election, the students say they are ready to defeat the Quebec Liberal Party.

On July 12, the Broad Coalition of Student Union Solidarity (CLASSE) held a press conference to launch its manifesto, "We Are the Future" and announce a cross-Quebec tour.

The student association reiterated its concern about those who want to restrict them to the margins of a representative democracy, limiting their participation in political life to a vote once every four years. As their manifesto points out, "What started as a student strike has become a popular struggle -- the question of tuition fees has permitted us to touch on a deeper malaise, to discuss a larger political problem. [...] When we take to the streets and set up picket lines, that's a living democracy. It's a popular democracy."


To the polls on September 4. Charest: "This isn't exactly what I had in mind!" (In French "urnes" can mean ballot boxes or the container used to hold ashes). (Le Devoir)

In the same vein, the press conference brought out the students' preoccupation with ensuring the electoral campaign does not get turned into a cheap popularity contest. "This is the opposite of a campaign of seduction; it is a real discussion. We're putting forward ideas, not slogans. We want the debate to reach Quebec's very foundations," said one of CLASSE's co-spokespersons Gabriel Nadeau-Dubois.

"People are mobilizing because they feel included in the decision-making process. They don't feel like pawns directed by some higher authority."

"We aren't supporting any political parties, but obviously, we are against one [particular] party," he added.

Throughout the strike, the Charest government tried all sorts of diversions to avoid dealing with the tuition fee increase. Two of the spokespersons, Nadeau-Dubois and Jeanne Reynolds pointed out, "The idea is to go back to the basic demands, to explain our values to people and what we have to offer."

The tour started on July 13 in Sorel and continues until mid-August, visiting twenty more cities across Quebec. "We want to take advantage of the vacation season because people have time off. We will go to public events, public gatherings and big rallies," they said.

"We have a plan for places to go. And we have support everywhere. If people want to ask questions and give criticism, they are welcome to. All sorts of prejudices have been spread by the media, so we're keen to be able to discuss and debate them directly."

CLASSE held its congress on the weekend of July 14-15 at the University of Laval, where it adopted its action plan for the start of classes. "Our priority for the start of the session is the general assemblies to be held in the first few days [of classes] to consult people and determine their willingness to remain on strike or not. It will be a large debate. And if they want to continue, people will have to decide what they want to do about the Special Law. Will we respect it or not? Will we set up picket lines or not?"

The Quebec Federation of University Students (FEUQ) and the Federation of Quebec College Students (FECQ) which have already targeted electoral ridings to block the Liberals from being elected will hold their respective congresses from August 10-12. On August 12 they will hold a joint meeting to share their conclusions and elaborate a plan of action for both the start of classes and elections.

Despite being mired in a deep crisis of legitimacy and corruption, the PLQ arrogantly said it is keeping an eye on the student associations. "Everyone has the right to express themselves, but if they decide to become a player in the campaign, they must respect the rules," warned the PLQ's communications director, Michel Rochette.

"Like all political parties, we are watched 24 hours a day to make sure everything is done according to the laws and rules, so this must also be the case for the student associations," he added.

"Democracy means that everyone has the choice of who to vote for. What is important is to go and vote. Whether it be the students, or any other group, it is through electoral choice that a government gains legitimacy, and then passes laws that must be respected, which sounds good to me. If we start with the objective to respect the law, I think it will go well," government House Leader, Jean-Marc Fournier lectured the students.

The Director General of Elections Quebec (DGEQ) also came to the Liberal's aid. The students and other "third parties" can "express" their opinions and participate in the "democratic debate" during an electoral campaign so long as their partisan activities don't involve spending, said DGEQ spokesperson Cynthia Gagnon.

What could better illustrate a representative "democracy," than using the high ideal of defending democracy to put in place every possible obstacle to block the body politic from participating in decision-making?

The people's marginalization from participating in decision-making on matters that affect their lives is exactly what the students and their allies have been raising for months and this is what will be at the heart of the next elections.

(Translated from original French by TML.)

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New Website Mobilizes Students to
Exercise Right to Vote

The site Vote étudiant au Québec (Quebec Student Vote) was launched in early July with the aim of "informing students whose 'principle residence' is on campus that they have the right to change their address with the Director General of Quebec Elections (DGEQ) in order to vote in large numbers in their university or college's riding. Those who oppose the student movement maintain that democracy is only exercised once every four years, and that the only acceptable way to express disagreement with the government is to vote."

The site provides the procedure for students who wish to vote where their campus is located, and cites the relevant portions the Quebec Electoral Act that permit this.

The site adds that, "All students are encouraged to vote, regardless of their position on the strike and regardless of their political affiliations. If the government is confident in its argument that the 'non-strikers' fully support it, it should not fear a massive student vote which is perfectly consistent with the democratic norms of our electoral system.

"The students have every interest in realizing the potential of a strong mobilization and channelling it to specific constituencies to teach the leaders that no one can win politically by dividing the population for electoral purposes."

To access the site, click here or visit the Facebook page.

(Translated from original French by TML.)

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Education Is a Right!

University of Montreal Professors Say Plan to Resume Classes Imposed Without Consultation

The University of Montreal administration claims to have found a "concerted solution" to the student strike. However, the General Union of Professors of the University of Montreal (SGPUM) has rejected this "solution," pointing out that it was excluded from discussions after the Special Law was adopted May 18, adding that the administration's "solution" is in contempt of its collective agreement. "The university has used the Special Law to act unilaterally," said SGPUM President Jean Portuguese.

The union filed a grievance on June 20 and an arbitrator is to settle the matter this month. The basis for the grievance is that "the university does not have the right to modify the conditions of employment stipulated in the collective agreement without negotiating a letter of agreement with the SGPUM according to the Labour Code." One example Portuguese pointed out is the addition of seven teaching weeks for hundreds of professors without prior negotiation with the union.

Anne-Marie Boisvert, the university's vice-rector of human resources and planning, claimed the adoption of the Special Law had no effect on the university's plans to resume classes, which were concluded "a few days" earlier. "The union wasn't talking about formal negotiations before the law was adopted. It was after that the tone changed," she claimed.

The union states that the university's administrators "are ignoring the reality on the ground" by imposing a global solution rather than opening the door to "local" solutions, despite the university's claims that its plan will permit the various university units to act in a targeted manner according to the needs of each program or course.

(Translated from original French by TML.)

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Government Refusal to Negotiate with Students Costs $7.3 Million in Overtime

It has just been revealed in the media that the extensive police deployment since the start of the student strike has cost $7.3 million in overtime from the Montreal Police Service (SPVM) alone.

Radio-Canada obtained the figures for the period of February 1 to June 27 under the Access to Information Act.

The first two months of the strike alone cost $5.6 million in overtime hours.

For its part, the Quebec Provincial Police has refused to reveal the costs of policing the student demonstrations. It claims that revealing this information would risk public safety.

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Strike at the Quebec Construction Commission

Workers Oppose Extortion of Concessions


Quebec Construction Commission workers begin their strike, Montreal, June 5, 2012.

The workers of the Quebec Construction Commission (CCQ) have been on strike since June 5 and the strike is now entering its eight week. These workers are members of Local 573 of the Canadian Office and Professional Employees Union (COPE). The CCQ is the state agency responsible for the implementation of the laws and rules that apply to the construction sector, including collective agreements. The workers are on strike against the attempt by the CCQ to extort concessions on wages, benefits and pensions. The main issue, the union reports, are the concessions being demanded under the hoax of reducing the deficit in the pension plan. A few days before the workers went on strike, the conciliator appointed by the Quebec government presented a proposal for a new contract. The union's bargaining committee said it would recommend it to its members but the CCQ rejected it because it did not go far enough in terms of the concessions it wants from the workers.

Workers are holding pickets in many Quebec cities to oppose the attacks on their working conditions.

On July 16, at the urging of COPE National President Serge Cadieux, Labour Minister Lise Thériault appointed former Deputy Minister of Labour Normand Gauthier as special mediator to the case. Gauthier worked at the Ministry of Labour for 22 years, including time as a mediator-conciliator. Following his term as Deputy Minister in 2001, he was chairman of the Essential Services Council until 2007. Both parties to the dispute expressed satisfaction with the choice of mediator. Gauthier's role includes formulating recommendations to the parties without imposing a binding solution.

The CCQ's conduct since the strike began is indicative of its contempt for the workers and their union. The CCQ has been trying to use scabs, for which the union lodged a complaint with the Labour Board. On June 19 the Board ruled that the CCQ hired at least one person illegally to perform work during the strike that a unionized worker usually does and asked that the CCQ cancel his hiring. The union also reached an agreement a day before with the CCQ according to which the CCQ must cancel the hiring of 25 other people hired prior to the strike, essentially an admission by the CCQ that these people are also scabs. According to the union, it is the first time that a public sector employer has been caught using scabs during a labour dispute in Quebec.

The union has also made a complaint to the Labour Board for bad faith bargaining. As a public sector employer, the CCQ is bound to offer working conditions that are within the parameters of what is authorized by the Treasury Board for all public sector workers and COPE argues that the proposal made by the conciliator was within these parameters and therefore the CCQ could not legally reject it.

The CCQ workers have now been without a contract since December 2009. They were part of the Common Front of public sector workers in 2009-2010 and they are the only ones who have not settled. The last of the other unions settled more than a year ago. The union reports that all contending issues besides pensions had been sorted out under the CCQ's previous CEO who the Charest government forced to resign. A new CEO was appointed in January 2011, who immediately changed the whole composition of the CCQ's bargaining committee.

The union reports that under this new leadership, all the agreements reached in negotiations have now been erased by the CCQ, which dictated that everything should start from scratch. COPE reports that the CCQ came up with a new list of concessions which amounted to a total rewrite of the contract and affected all aspects of their working conditions including wages, work rules, benefits and pensions. The CCQ is particularly adamant in demanding changes to the pension plan, including an increase in the contributions made by the workers, under the hoax of reducing the plan's deficit. At the end of 2011, dozens of CCQ employees resigned out of exasperation with the CCQ's dictate.

These are not the only changes that are being made at the CCQ. As part of its campaign to attack the construction workers and their unions under the hoax of opposing violence and intimidation, the Charest government passed Bill 15 in June 2011, the Anti-Corruption Act, which has a whole section on the CCQ.

Among other things, Bill 15 disaffiliated 300 workers from the union who have the power to carry out investigations on construction sites. They can unionize so long as they are not affiliated with another union or union central. It was openly said at that time that these employees should not belong to an organization that has construction workers in it. The union is challenging this part of the law in court. The bill also created a special "anti-corruption" unit which acts secretly within the CCQ and whose activities are not even known to its Board of Directors.

Then, in December 2011, the Charest government passed Bill 33 to attack the construction workers and their unions, under the hoax of opposing corruption in the construction industry, which imposed further changes on the CCQ. It modified the composition of its Board, adding four so-called independent members appointed by the government. Until that time, the Board had been made up of its President and of an equal number of representatives of the unions and of the employers' associations. Bill 33 also eliminated the placement of workers at worksites by the union and put CCQ in charge and made it illegal for the unions to have direct contact with the companies regarding the hiring of workers. Traditionally, union placement was used by the unions to oppose discrimination in hiring, for example against women and older workers.

It seems that the CCQ is being transformed into an apparatus of repression and criminalization of the construction workers under the hoax of opposing corruption, violence and intimidation. These measures and the wrecking of the working conditions of the CCQ employees have been promoted by the CEO of the Commission as a cleanup of the Commission.

The CCQ workers have been fighting these attacks and have held actions of various kinds, including against the so-called Anti-Corruption Act and the disaffiliation of their 300 members.

(Photos: COPE)

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Quebec Construction Industry Linked to Government Corruption

Overview of the Charbonneau Commission's Work


Construction workers vehemently reject being made to take the blame for the corruption and collusion of the
construction companies and the Charest government.

Background

A report on government corruption and the construction industry, known as the Duchesneau Report came to light in September 2011, revealing "disturbing findings." "The more contracts [the construction companies] have, the more they give [to the political parties' coffers]; the more they give, the more influence they have; the more influence they have, the more contracts they get. This influence is then exercised everywhere," said one witness quoted in the Duchesneau Report.

After years of refusing to take action on government corruption in the construction industry, the revelations in the report forced the Charest government to announce on October 19, 2011 a commission of inquiry into the granting and administration of government contracts in the construction industry. Chaired by Justice France Charbonneau, it is known as the Charbonneau Commission.

Charbonneau Commission Mandate

The mandate of the Commission is to:

1. Examine the existence of any schemes and, where appropriate, portray how they might involve collusion and corruption in the granting and management of public contracts in the construction industry, including possible links to the funding of political parties;

2. Develop a picture of possible infiltration of the construction industry by organized crime;

3. Consider possible solutions and make recommendations for measures to identify, reduce and prevent collusion and corruption in the granting and management of public contracts in the construction industry and its infiltration by organized crime.

The public portion of the Charbonneau Commission's work in Montreal started on May 22 with Judge Charbonneau's opening statement. The judge made it clear that the Commission is independent of the government. "No one can dictate its conduct, tell it who to examine or how to investigate," she said.

Proceedings

On June 4, the Charbonneau Commission dedicated half a day to choosing the participants and intervenors in the hearings. It announced on June 7 that there would be eight participants and six intervenors. Although the Commission was to address the financing of political parties, it came as a surprise that the Quebec Liberal Party -- in power since 2003 -- did not request any status.

The Commission held nine days of hearings of witness testimonies from June 8 to 21. The first witness was Jacques Lafrance, a retired engineer who worked for 35 years for the Quebec government. He was characterized as representing an "institutional memory" of the contracts awarded by the Quebec government.

His testimony brought out that cash from the industry was already circulating around the political parties during the reign of Maurice Duplessis (which lasted until 1959). The practice of charging for "extras" (inflated prices charged by construction companies that hid the transfer of funds to them from the political parties) was well-ingrained in the habits of contractors and political parties.

Contrary to Lafrance's claim that before the 1990s, it was an "open bar" situation for contractors, this was not the case. The situation improved in the 1960s and 1970s. The first timid reforms date back to the 1970s, under Robert Bourassa. In 1978 the Parti Québécois created "Rosalie," a list of government suppliers. In 2006 the Act respecting contracting by public bodies (LCOP) was passed which came into force in 2008.

Michel Dumont, an expert consultant for the undersecretary responsible for public procurement within Quebec's Treasury Board, was the second to testify. He explained that the LCOP sets the framework for the current process for tendering of public contracts. Dumont pointed out that this law "relies first and foremost on the ethical values" of the decision-makers. Among other things, the law states that any purchases more than $25,000 and any contracts for more than $100,000 must be granted by public tender. It provides exceptions for Crown corporations, including Hydro-Québec and municipalities.

Dumont also revealed that construction firms maintain lists of people who serve on the departmental selection committees that consider the tenders. It also came to light that incompetent construction companies are rarely penalized.

The third witness was Marcel Carpentier, an engineer for the Quebec Ministry of Transport (MTQ). His testimony revealed that the MTQ awarded 4,662 contracts worth at least $25,000 each in 2011-2012, for a total of $3,978 million; that the MTQ wanted 970 more engineers; and that it had submitted 39 proposals to the Treasury Board on how to more effectively fight corruption and collusion.

Chantal Gingras, Assistant Deputy Minister of the MTQ, was the fourth witness. She explained that the MTQ prepares the list of roadwork sites by electoral district. She said that on numerous occasions, she presented the list under preparation to the Minister of Transportation's office. She said that the MTQ oversees 1,600 worksites per year and that its 14 regional offices award the majority of the contracts.

The statements of these two senior MTQ officials prompted Minister of Transportation Pierre Moreau, to give a clarification on how roadwork sites are prioritized in the constituencies. "The idea is not to play favourites. The idea is to determine the order in which specific work in an area should be done," Moreau said at a press conference prior to Question Period in the National Assembly on June 13. For his part Delegate Minister for Transportation Normand MacMillan said, "MLAs must be able to do their job when they receive requests from local councillors. MLAs must also have a say in setting priorities in the constituencies."

The fourth day of hearings opened with the much-anticipated testimony of Jacques Duchesneau, former head of the Anti-Corruption Unit (UAC) of Transport Quebec who authored the Duchesneau Report. He leaked the report to Radio Canada because he felt the government would not take action on its findings. At the hearings Duchesneau recounted the UAC's rather difficult history within the MTQ office, how collected 150 anonymous testimonies and concluded in his report that engineers from consulting firms and Transport Quebec employees provided privileged information to construction companies. He stated that a large number of Quebec construction companies maintained links with criminal organizations. Duchesneau likened organized crime to a "state actor" (i.e., acting on behalf of a government). It uses the construction industry to launder money earned from drug trafficking, he said.

Duchesneau presented the work done by the UAC, including a chart depicting the links between the construction companies and their subsidiaries and seven flowcharts identifying cross-ownership and the links between management at the major Quebec construction companies:


One of the charts showing the interrelation of Quebec's construction companies, in this case those of the Accurso Family -- click to enlarge as PDF.

- Accurso Family: 63 companies
- Neilson-EBC-FAVA Family: 16 companies
- Garnier Construction: 14 companies
- CATANIA Enterprises: 17 companies
- CATCAN Enterprises: 6 companies
- Doncar Group: 19 companies
- Bibeau Family: 12 companies

The engineering firms from these companies design the contract specifications, their construction firms win the contracts and their technical experts approve the work.

The UAC has identified 66 schemes used by the industry's major players. It found that two companies, Sintra and DJL, hold a monopoly position in the asphalt sector. There is also a monopoly for light fixtures and highway lighting, because of how products are approved. Top dollar can be charged as all competition has been eliminated.

Duchesneau also spoke about "extras " in which two Quebec firms, Neilson and EBC, are specialists. He spoke about links between these companies and the financing of the Quebec Liberal Party.

He addressed the issue of the MTQ's loss of expertise, because engineering consulting firms hire away many engineers. He presented a list of 13 high-ranking MTQ employees who have been hired by these private firms. These engineering firms prepare 100 per cent of the estimates for road infrastructure contracts in Montreal and 95 per cent of the estimates in the rest of the province.

Duchesneau spoke of "dirty money that finances elections." His contentions are based on interviews with 13 people who approached him after he testified before a Parliamentary hearing in October 2011, which are written up in a second 50-page report he submitted to the Commission.

According to Duchesneau, it's not just the entrepreneurs and engineering firms that solicit the political apparatus for contracts. The reverse is also true. "Political party organizers would make orders from engineering firms to get money," he said. "There are central bankers, people who never appear on the scenes, but who are there to influence a world of mandatory contributions."

He also stated that professional firms finance "turnkey" municipal elections. A turnkey election is where a communications firm offers its organization and marketing services to a candidate or a political party "free of charge," in return for political favours in the form of contracts after the election. Likewise, political parties demand contributions from businesses in exchange for public contracts at the municipal level.

During his cross-examination, government lawyer Benoît Boucher inquired exclusively about Duchesneau's hiring and working conditions at the UAC. Duchesneau said he was there to discuss matters of corruption and not his working conditions. The tenor of the cross-examination was such that Justice Charbonneau had to caution other lawyers that she would "not allow the cross-examination to be this aggressive."

Duchesneau's cross-examination by the government lawyer ended abruptly as he was neither questioned about the contents of his report nor on the charts filed with the Charbonneau Commission.

Duchesneau also faced intense questioning from Estelle Tremblay, the Parti Québécois' lawyer at the Commission. She specifically attacked his credibility based on the second report, which he authored following his removal as head of the UAC at the end of October 2011. She sought to gain access to the report and sow doubt as to his credibility, the implication being that none of his reports are credible.

"I am of the opinion that this voluntary report from Mr. Duchesneau damages his credibility as the head of a public body," said Tremblay. "Mr. Duchesneau, without any authorization, improvised as an investigator, compiled files on others, and in doing so compromised his impartiality as a representative of the state when he was leading the [anti-corruption unit]. We cannot allow Mr. Duchesneau, as a citizen, to just put on his hat as head of the anti-corruption unit ... to investigate his neighbours." Tremblay's request to view the second report was refused by Charbonneau who explained that the report will be treated like any other information given to the Commission by a member of the public: it will be read, analyzed, and verified and then, if warranted, it will be entered into evidence at a later date.

All of the witnesses, except Chantal Gingras, made recommendations to the Quebec government and the MTQ to counter collusion and corruption.

Attempts to Intimidate and Discredit Witnesses

Beyond the revelations made in the testimonies in the Commission's nine days of public hearings, a constant theme has emerged: that of attempts to intimidate or discredit the witnesses. During the hearings, the competence and credibility of the UAC investigators in particular was attacked.

Jacques Duchesneau described a "culture of intimidation" within Quebec's Transport Department, which he said makes sources difficult to find and that some people clammed up and refused to speak to UAC investigators after being "intimidated." He himself was removed from his post not long after he leaked his first report to the press.

Attacks have also come from the Quebec Liberal Party and the Parti Québécois which have been actively trying to discredit the Charbonneau Commission witnesses, all the while claiming to be as pure as the driven snow and knowing nothing about "dirty money that finances elections."

The Commission's work is on hiatus until September 17. Meanwhile investigators of the Permanent Anti-Corruption Unit (UPAC) and the Commission continue their research. Already arrests have taken place on the South Shore of Montreal.

(Translated from original French by TML.)

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