By Ruby Pratka
Local Journalism Initiative
Quebec’s English-language school boards and education advocates are in a celebratory mood after the Quebec Court of Appeal ruled in their favour in a long-running court battle with the provincial government.
In February 2020, the Legault government passed Bill 40, which replaced elected school boards with service centres overseen by government-appointed directors general and unelected volunteer boards. At the time, the bill’s backers argued that it would increase the efficiency of governance in the educational system and remove the need for costly school board elections that relatively few people bothered to vote in. The Quebec English School Boards Association (QESBA) and its member boards, however, saw an attempt to remove English-speaking communities’ control over minority-language education as laid out in the Charter of Rights and Freedoms. Several months after the bill passed, a court suspended its application to English-language school boards while a legal challenge, brought by QESBA, Montreal’s Lester B. Pearson School Board and a concerned parent, made its way through the courts. In August 2023, Superior Court Judge Sylvain Lussier struck down large parts of the law as it applied to English boards, in line with QESBA’s argument that the law unjustifiably limited the charter rights of official language minority communities. In September of that year, the government appealed the ruling.
In a ruling handed down April 3, appeals court judges Robert M. Mainville, Christine Baudouin and Judith Harvie essentially upheld Lussier’s conclusion, finding large parts of the bill inoperative with respect to English-language boards. The judges found that the school board governance scheme set out in Bill 40, infringed on the community’s right to control its education system and disincentivized parents and community members from getting involved. The community is “entitled to independent school boards that must, at a minimum, allow minority language representatives to exercise exclusive authority relating to minority-language education and facilities,” they wrote, in a ruling that extensively cited previous rulings involving francophone school districts in other parts of Canada. “The Court cannot accept the argument that the linguistic minority is represented through the staff hired by a service centre.” They also found that Bill 40 “radically alters existing structures…in response to political imperatives specific to the French-speaking majority” and the government failed to show, in its appeal, how the new system would help schools obtain educational objectives.
