MONCTON, N.B. -- A lawyer in New Brunswick says he's filing a constitutional challenge against a provincial program that provides bursaries to university and college students from lower income families.

In a series of tweets Friday, Michael Murphy said the program discriminates against a large group of students and families.

The tuition program, announced in April, is available to students who have an annual household income of $60,000 or less and are attending a publicly funded university or college in New Brunswick.

The challenge is being filed on behalf of the New Brunswick Association of Private Colleges, which has said the exclusion of their students from the program is discriminatory and violates the charter.

Murphy says his legal team will argue the program "breaches multiple provincial laws, the constitution and past protocol."

He says the application will be filed in the Court of Queen's Bench the first week of August.

Premier Brain Gallant has said his government may look into expanding the program down the road.