The province plans to appeal a court ruling that said it overstepped its authority when it made some college and university fees opt-outable.

The divisional court decision, released last month, said the Ford government interfered with the autonomy of post-secondary institutions and student governments in making the “ancillary” fees optional.

Such fees — which were already in many cases approved by campus-wide referendums — are in addition to tuition.

The challenge of the Student Choice Initiative was launched last May by the Canadian Federation of Students and the York Federation of Students, which said fees provided necessary services and supports on campus, including student unions, food banks, LGBTQ supports, and radio stations, as well as a number of paid student jobs. The fees are in addition to tuition costs.

Minister of Training, Colleges and Universities Ross Romano said Tuesday that the government wants to “ensure that our students can access that education and that it is affordable for them.”

But opposition critics questioned why the government would bother with an appeal.

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Deputy NDP Leader Sara Singh said “I think students and the courts were pretty clear about this government’s decision, and the damage has already been done. We’ve seen campus food banks closed, and spaces for LGBTQ students, racialized students and women closed. Campus life has been disrupted ... Instead of going to court and trying to tear universities and colleges down, we should be investing in them.”

Liberal MPP Mitzie Hunter — a former post-secondary minister in the Wynne government — called it “a complete waste of taxpayer money, trying to fight our post-secondary students on an issue that they’ve won in court, and that’s actually affecting the campus life and campus experience.

“The government was already told by the courts that they’ve gone too far.”

Green Leader Mike Schreiner said the appeal just leaves the campus clubs and services “in limbo” as they need the funding to survive.

After the court victory, Kayla Weiler of the Ontario branch of the Canadian Federation of Students, had hoped that the fees could be reinstated as soon as possible.

“I think particularly of food banks, and how they’re unable to budget for the upcoming semester because of the Student Choice Initiative,” she said at the time.

In implementing the Student Choice Initiative the government said clubs and services targeted and student health and wellness, campus safety and athletics would remain mandatory.

But NDP Leader Andrea Horwath said the government agenda is to “put the screws to the student unions and I think that’s unacceptable.”

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That was in reference to a fundraising email that went out in February, that quoted Premier Doug Ford. “I think we all know what kind of crazy Marxist nonsense student unions get up to. So, we fixed that. Student union fees are now opt-in,” said Ford.

Horwath said what has happened is that “many of the support systems they need to rely on when they go through a difficult time are being watered down or taken away because of this government’s moves. The government needs to walk away” from the appeal.

Romano noted the government reduced tuition by 10 per cent. It also ended the former Liberal government’s free tuition plan, and replaced it with a grant and loan system.