A Quebec tribunal is being asked to overturn a 1998 decision that dismissed a claim made by the McGill Students Society and student Paul Ruel that higher university fees for out-of-province students is discriminatory.

Since 1997, Quebec undergraduate students pay about $1,700 for a full course load, while out-of-province students are charged $2,900.

The lawyer for the students, Guy Bertrand, said the differential fee structure violates the Quebec and Canadian charter of rights guarantees of freedom of movement and freedom to establish a residence and earn a living in any province.

"This is discriminatory, based on both charters, in treating Canadians from Quebec differently from Canadians from outside Quebec," Bertrand told a three-member tribunal hearing the appeal.

The Quebec government defends its policy to assess different fees based on residence as necessary to keep tuition fees down and broaden access to university education.

Government lawyer Patrice Claude noted that even though non-resident students pay more than Quebec students, their tuition is still lower than the Canadian average.

He argued the differential fee structure is a political choice that lies well within the powers of the provincial education minister.

The tribunal is deliberating on the case.