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November 2, 2012 - No. 138 Guilty Verdict for Spokesperson of Quebec Student Movement No to the Criminalization of the Student
Youth!
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 "I am socially responsible and against the hike!" |
The Marxist-Leninist Party of Quebec (PMLQ) condemns the
guilty verdict for contempt of court against Gabriel Nadeau-Dubois,
former co-spokesperson of the Broad Coalition of Student Union
Solidarity (CLASSE), rendered by Judge Denis Jacques of the Quebec
Superior Court on November 1. The PMLQ
also condemns the Jean Charest government for criminalizing the student
conflict and refusing to provide a political solution to the Quebec
students' struggle against the tuition fee increases in the spring of
2012.
Gabriel Nadeau-Dubois was accused of contempt of court for inciting disobedience of a court injunction prohibiting the obstruction of the entrance to classrooms at Laval University. As stressed by the Association for Student Union Solidarity (ASSE) in a statement, "Mr. Nadeau-Dubois in his role as co-spokesperson of the CLASSE was only voicing the mandate entrusted to him by the members of the organization. The words that earned Mr. Nadeau-Dubois his conviction were spoken by the entire student movement."
 "Stop beating students -- engage in dialogue" |
The charge followed a court application specifically targeting Gabriel filed by a fine arts student at Laval University, Jean-François Morasse. Morasse claimed that his individual right to pursue his courses was harmed by remarks made by Gabriel Nadeau-Dubois. The remarks were broadcast on Radio-Canada on May 13, during the student strike on a picket line in front of Laval University. In response to a question posed by the media, the CLASSE co-spokesperson had said, "What is clear is that those decisions, these attempts to force a return to class, never work because the students who have been on strike for the last 13 weeks stand in solidarity with each other, overall they respect the democratic will that is expressed through the strike vote and I think it is perfectly legitimate for students to take steps to enforce the democratic choice that was taken to go on strike. It's quite unfortunate that there is really a minority of students who are using the courts to circumvent the collective decision taken. So we find it quite legitimate that people take the necessary steps to enforce the strike vote and if it takes picket lines, we believe that it is quite legitimate."
As in the case when legislative measures deprive workers of their right to strike, Judge Jacques claims to defend the right of the individual to pursue their courses against the collective right of students to organize themselves to defend the rights of all students and resist the anti-social policies of the government. In his November 1 judgment, the judge recalled an earlier verdict by Judge Jean-François Émond during the student strike saying that "the students' right to strike cannot be found in any law and the boycott practiced by some cannot prevent others from attending their courses." The Laval University Student Association, defending its right to representation, "confuses the monopoly of representation, if there is monopoly of representation, with the labour monopoly, which stems from the anti-scab elements in the Labour Code prohibiting an employer to retain an employee who is part of a bargaining unit on strike," the judge argued. "Quebec law," he said, "does not confer any real right to strike to students." The Émond judgement set the precedent to "allow students full access to their classes, despite the boycott vote held by their student association."[1]
The PMLQ denounces this
lame reasoning that on an arbitrary basis chooses which rights are to
be upheld and which should be trampled in the mud. The collective
rights of
students are basic and essential to the progress of society. In
addition, this sentence is in line with the anti-union offensive across
Canada that attacks the rights of workers, youth, women, First
Nations and the poor to defend their rights and to defend the rights of
all and uphold public right. This assault against the right of
association,
the right to organize and the right to resist the anti-social policies
of governments in the service of global monopolies takes society back
a hundred years and it must not pass!
The PMLQ denounces the sentence against Gabriel Nadeau-Dubois, a so-called exemplary conviction to serve as a "lesson" to others. It is imbued with the vengeful spirit of the ruling elites who do not accept that students and other sections of society oppose placing monopoly right above public right. Political representatives, such as the Charest government ministers who were in power, are responsible for causing this situation by placing the interests of private monopolies that demand the privatization of education over the public interest and public right. The new government must support any appeal against this decision and mobilize the public authority in the service of public right. It must also establish an independent investigation into police violence during the student strike in the spring of 2012.
All out to defend Gabriel Nadeau-Dubois! No to the criminalization of the struggles of the student youth in defence of their rights and the rights of all! The Jacques judgement must be overturned!
Update
Gabriel held a press conference on Friday morning where he announced that he will appeal the ruling issued against him by Justice Jacques. He pointed to the need to appeal the verdict not only for himself but also to block the establishment of a precedent that would prevent spokespersons of the student movement, trade union movement or social movements from carrying out their responsibilities for fear of imprisonment.
He pointed out that his remarks made in the spring represented the stand of tens of thousands of students opposed to the tuition fee hike. He stated that the current events in the court are the result of the former Charest government's political strategy to weather the student strike so as to ultimately score points in an election. "It is because of this political strategy that the conflict has now made it to the courts," he said.
"This is a judgement with which I cannot agree. With all due respect to the court, this is a judgement I find wrong on many levels," Gabriel said. "I didn't advocate anarchy, I didn't advocate disorder. I advocated and continue to advocate the accessibility of education," he said. "I cannot accept that because of this judgement against me, in the future people are to be afraid to defend their political convictions, even when they are espoused by tens of thousands of people."
Gabriel concluded the press conference with a call for financial support for the appeal proceedings. Donations can be made at: appelatous.org.
Note
1. For the full text (in French) of the judgement of Jacques Denis of the Quebec Superior Court in the case of Jean-François Morasse v. Gabriel Nadeau-Dubois, November 1, 2012, click here.
(Translated from original French by TML.)
New Session of Quebec National Assembly
Unite in Action to Demand that Public Right Trump Monopoly Interests
On October 31, Premier Pauline Marois delivered the inaugural speech at the first session of the Quebec National Assembly. The speech is said to provide the direction Mme. Marois intends her government to take. However, the theme of the speech, "A Mandate to Restore Order and Build a Quebec for All," is enough to show that her government is being duplicitous from the get-go because a "Quebec for All" is not possible in a society divided between classes. Today, governments are in the service of the rich and what is required of Mme. Marois is a clear statement: Will her government uphold public right or monopoly right?
The speech was divided into four main points described by the Premier as the four pillars of her government: integrity, prosperity, solidarity and identity. These four pillars, she said, will give rise to four priorities: smashing corruption, bringing order to Quebec's finances and accelerating economic growth "for all," restoring solidarity and promoting the identity and interests of Quebec.
So far, we are none the wiser as to what
precisely her
government intends to do. Despite this, the Premier's inaugural speech
closed with the following motion, "That the National Assembly approve
the general policy of the government."
Pauline Marois' press attaché told the media that this motion would be a confidence motion that would be voted on following the debate on the inaugural speech. This vote would thus fall in mid-November. Already the government is using the threat of non-confidence to conjure the spectre of back-room deals to arrive at "compromises" on the basis of neo-liberal dogma while the voice and demands of workers are nowhere to be seen.
The inaugural speech was peppered
with the phrase "for
all" -- a Quebec for all, the North for all, natural resources that
benefit all. Such a Quebec is not possible. Either the crisis is
resolved in a manner that favours the working people or it is not. The
Quebec that the working people require cannot be built unless
monopoly private interests are subordinated to the public interest.
One must look at Quebec as it is, mired in crisis as a result of the stranglehold of the monopolies over the economy and social programs. This creates an unsustainable situation. It explains the rapid destruction of the manufacturing sector, the theft of resources, the increasing poverty in its many forms, the attacks against trade unions and the privatization of public services.
The well-being of the economy requires the restriction of the power of monopolies to attack the living and working conditions of the people. It requires governments which will establish a new equilibrium by upholding the rights of the workers and the people, not the private interests of the rich. Otherwise, we are left with the imposition of neo-liberal dogma in phrases such as "restore order to public finances," and "create wealth," which amount to actions which usurp the public authority to pay the rich. It is this usurpation of the public authority that is the biggest form of corruption at this time in Quebec and across Canada. Quebec workers are asking the PQ government for concrete measures which uphold public right by restricting monopoly right.
In her speech, the Premier used the context of the Charbonneau Commission (into corruption in the construction industry) to focus her speech on the need to fight corruption and the need for integrity. All of it is to divert attention from the direction of the economy. Why else harp on the awarding of government contracts to businesses, the financing of political parties, the reordering of public finance, fixed election dates, etc.
On the issue of the financing of political parties, for example, where is the analysis of why political parties cannot raise enough money from members to fund their activities? Why should political parties which represent a few members be permitted to form governments when elections are conducted by marketing firms at public expense? According to Marois, they are susceptible to corruption because they receive contributions from individuals up to $1,000. The suggestion is that if these contributions are reduced and replaced by government subsidies, and the provision of public funds to political parties is increased, then the possibility of corruption of parties by rich powerhouses will be greatly reduced. This is so phony. Political parties are discredited because they seek power to serve private interests and for personal gain, while the people are just used as voting cattle. Elections are a feeding frenzy for marketing firms to overwhelm the public. Financing of political parties has been restricted already time and time again and this has in no way restored the confidence in political parties or reduced the corruption of the political parties which champion the interests of the rich. State funds should be used to finance the electoral process, not political parties.
When addressing the issue
of public finances, Pauline
Marois had this to say: "To put a house in order, its finances must be
in order. This is the first condition of sustainable prosperity, which
is the second pillar of our government. However, we have had surprises
in the aftermath of September 4."
This assertion is not consistent with reality. The first condition for sustainable prosperity is to build a pro-social and sovereign economy. The defence of jobs which produce goods and services, and of social programs and public services, is what stabilizes people's lives. An economy that uses its human, natural and material resources to uphold public right can provide jobs and stability.
Arguing that achieving a balanced budget is the issue that supersedes all others is a crock. The new government argues in exactly the same way as the old one: It is a matter of transparency and good, unbiased and duly audited reports submitted on time. It is neo-liberal verbiage to argue that the allocation of public money to the monopolies is simply a matter of good economic sense, while the claims of the people on government budgets are a burden to be reduced. It would be funny if it were not so tragic to hear the people accused of abuse and corruption. Already in her inaugural speech, the Premier threatened, without explanation, that if Quebec's finances are not put in order immediately, the government will have no choice but to make painful cuts to social programs in the years to come. Where is the public disclosure of the amount of wealth that is created by workers in Quebec, where it goes and how people's needs are to be met?
The working people should control the decisions which
affect their lives. The inaugural speech is lengthy. Nonetheless, the
workers, youth and women should question what the phrases it contains
really mean and not accept to be made a mockery and sidelined. They
should also monitor the horsetrading that will
follow from now until the vote on the speech in mid-November. The
social struggles of workers and the people have given rise to claims
based on a vision of Quebec which upholds public right. It is the fight
to provide rights with a guarantee that opens the path to progress.
Workers need a government that has the
courage to uphold public right.
British Columbia
Hospital Employees Union Convention to Discuss Strategic Directions
The 28th Biennial Convention of the Hospital Employees' Union (HEU) is being held in Vancouver from November 4 to 9. HEU is the hospital division of the Canadian Union of Public Employees (CUPE) in British Columbia. More than 700 workers from across the province will be delegates to the Convention representing over 40,000 workers. Policy resolutions, amendments to the union constitution and discussion on the "Strategic Directions" policy paper presented by the Provincial Executive are on the agenda. Guest speakers include BC NDP leader Adrian Dix, CUPE National Secretary-Treasurer Charles Fleury, CUPE National President Paul Moist, the former UN Secretary-General's Special Envoy for HIV/AIDS in Africa Stephen Lewis, and the Sam Gindon Chair in Social Justice and Democracy at Ryerson University Winnie Ng.
The convention is taking place at a critical time when HEU and other public sector unions are under attack from the provincial government's anti-social anti-worker offensive. With determination, HEU met the challenge of the neo-liberal assault in the period from 2002 to 2008 when thousands of HEU members were fired after the Campbell liberal government passed Bill 29. This anti-worker legislation stripped health care workers' collective agreements of language that prohibited contracting-out of their work. Hospital housekeeping and food service workers were the first to be dismissed throughout the province with the exception of the Northern Health Authority and two hospitals on the north end of Vancouver Island. The vast majority of new workers were forced to become employees of the global labour-trafficking monopolies Compass, Sodexho and Aramark at reduced wages, benefits and worse working conditions. HEU and other unions immediately began campaigns to organise those workers to defend their rights and the delivery of health care in the institutions where they are employed. The unions involved have successfully organized thousands of new health care workers in the past ten years.
The configuration of HEU has changed dramatically during this period, with over one hundred separate collective agreements. The union has members covered by three long-standing province-wide contracts covering Facilities (hospitals and seniors' residences), and Community Health and Community Social Services. In addition, HEU has authority-wide contracts in the health sector with each of the labour-trafficking monopolies, and many individual contracts, mostly in seniors' residences with new private-for-profit operators.
Contract negotiations are presently at different stages for the various sections of the union. Workers in Community Social Services (group homes, transition houses etc) voted 85-90 per cent to strike and have begun one day strikes in diverse cities. Community Health (largely home care workers who provide services in people's homes and the community) recently voted 85 per cent to strike. Facilities strike votes conducted up to November 1 will be announced on November 2. Negotiations with three of the five labour-trafficking monopolies have also started. The government, health care employers and the labour- trafficking monopolies are all putting enormous pressure on health care workers to bow down to demands for concessions and give up any defence of their rights.
An aspect of the attack on health care workers at this time is the "cooperative gains mandate" decreed by the Clark liberal government, which is simply a fancy slogan to impose further concessions on them on behalf of the monopolies and financial oligarchy and trample on their dignity.
In the face of the two-pronged attack of government and employers on their livelihoods and organization, health care workers are determined to work out ways and means to defend their rights. Workers reject the worn-out thesis that an anti-social austerity agenda to pay the rich with declining wages, benefits and working conditions, and degraded public services will solve any problems facing society. Destroying public services and social programs and bowing to the concessionary demands of the global monopolies and their government representatives, which want to add every aspect of health care to their private portfolios and authority, will not benefit patients, residents, workers or society, only a privileged elite.
For health care workers the task ahead is to strengthen their organizations to defend their rights and the rights of all to universal public health care of the highest quality. Workers oppose the corrupt privatization of public health care through P3s, regionalization/privatization and other forms. They oppose the wrecking of health care through the refusal to hire and train sufficient staff to serve the health care needs of people in their communities, hospitals and seniors' residences.
It would be funny if it
were not life-threatening that
the same government that deems health care workers "essential" when it
comes to their right to strike to defend their rights, finds them
"dispensable" and not so essential when it comes to providing the
number of workers and material conditions they need to
do their jobs at a level required to protect the health of the people.
Workers denounce the tiresome moaning of the rich that health care and
its workers are somehow a "cost" to the economy and do not add value to
the people they serve and society. To reduce investments in public
health care is to drive down the
value of the people and their society. Health care is a right and
increasing investments in health care, including the well-being and
security of health care workers, adds value to society and is a social
responsibility of government. Increased investments in all social
programs including health and education strengthen
and advance the economy and general interests of society. Demands for
increased wages, benefits, pensions and improved working conditions for
health care workers are consistent with defending the rights of all to
health care at a Canadian standard.
Health care workers are discussing how to defend their organizations and dignity and fight for improved collective agreements based on the recognition of workers' rights. They are discussing how to develop the independent politics of the working class and join with public and private sector workers in building an effective political movement to defend their rights and the rights of all. They are discussing the necessity to reject the politics of this or that political party coming to power based on promises of policy objectives. Instead, workers are discussing bringing their own working class representatives to power based on an independent pro-social program determined to defend their rights and the rights of all and general interests of society, a program that stops paying the rich and increases investments in social programs, a program that recognizes and upholds the dignity of workers who are the actual producers of all value and providers of all the services and infrastructure society requires for its existence. Workers are discussing the requirements of a workers' political opposition movement based on modern definitions of governance where those who produce the wealth and provide the services participate consciously in setting society's agenda, the direction of the socialised economy and the adoption of those decisions that affect their lives.
Monopoly Right No! Public Right Yes!
Stop Paying the Rich!
Reject the Clark Liberal Government Anti-Social
Austerity Agenda to Pay the Rich!
Increase Investments in Health Care
and Other Social Programs!
Community Health Workers Prepare for Strike Action
More than 14,000 community health workers in BC are preparing for strike action after bargaining talks between the Community Bargaining Association (CBA), representing the workers who are employed by about 200 companies, agencies and regional health authorities and the Health Employers Association of BC (HEABC) broke down. Union negotiators decided that there was no reason to return to the bargaining table at this time as HEABC refuses to budge from its position that an increase in wages must be accompanied by an "offset" (concession) "found within the collective agreement." HEABC negotiators' hands are tied by the dictate of the provincial government (Premier Christie Clark and a small group of inner-cabinet ministers).
The CBA has decided to take "limited job action" commencing on Wednesday, November 7. A simultaneous rally will take place in downtown Vancouver.
The workers who perform vital tasks such as nursing, personal care, housekeeping and laundry service, meal preparation and service as well as drug and alcohol addiction counselling have been without a contract since March 31 of this year.
The previous contract imposed a two year wage freeze on the workers who have seen their wages eroded over the last ten years by a wage, roll-back, a signing bonus instead of a compounded wage increase and small wage "increases" below the rate of inflation.
Unions at the bargaining table include the BC Government and Service Employees Union, the Hospital Employees Union, United Food and Commercial Workers Union, Canadian Union of Public Employees, Health Sciences Association, and United Steel Workers of America.
Contracted Health Care Workers Begin Negotiations with Global Monopolies
Contract negotiations have started for 3,750 health care workers on Vancouver Island and the Lower Mainland, members of the Hospital Employees' Union employed by five labour-trafficking global monopolies. Following the liberal government passage of anti-worker Bill 29 in 2002, monopolies moved into a space created in the BC health care sector to traffic labour for profit. Representing the private interests of labour-trafficking global monopolies, the liberal government issued its Bill 29 decree in opposition to free collective bargaining and the rights of health care workers, stripping health care collective agreements of language prohibiting contracting-out and preparing conditions for mass firings and other injustices.
Very quickly most food service and housekeeping service workers were fired on the Lower Mainland and Vancouver Island. The government issued contracts to the labour-trafficking global monopolies Aramark (U.S.), Sodexho (France) and Compass (UK) to supply trafficked labour in replacement of fired unionised workers. The initial monopoly contracts for labour trafficking were for five years. The contracts that have already reached the five year mark have been renegotiated between the respective Health Authorities and labour-trafficking monopolies and in some cases the Health Authorities have awarded contracts to companies other than the original contractors.
Contracted out services have been problematic from the start. On Vancouver Island, after a multitude of complaints about food and housekeeping services provided by Compass, the Vancouver Island Health Authority announced that it was seeking a new labour trafficker, did not renew with Compass and signed a new contract with Marquise. Within a month, Compass purchased Marquise but the Health Authority refused to cancel the contract and make other arrangements.
The newest player is Acciona, a Spanish-based global monopoly, which currently profits from the proliferation of private-public partnerships the liberal and Harper governments are pushing in the BC health care sector. Acciona's first project was the Royal Jubilee Tower in Victoria. In 2009 a consortium called ISL Health, led by Acciona, was given a 30-year contract to design, build and run the Fort St. John hospital in northern BC.
Health care workers involved in negotiations are covered by 13 different collective agreements at 80 worksites. Negotiations began with Aramark on September 25, with Acciona on September 26, and with Sodexho on October 24. No dates have been set for negotiations with Compass and Marquise.
The Hospital Employees' Union reports: "At the June (2012) bargaining conference, safe workloads, workplace respect and dignity, and fair compensation were identified as the top priorities for this round of bargaining."
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