By William Crooks
Local Journalism Initiative
In a significant escalation of its response to provincial education funding cuts, the Eastern Townships School Board (ETSB) voted on July 22 to participate in a legal challenge spearheaded by the Quebec English School Boards Association (QESBA). The move targets not the amount of the budgetary reductions for the 2025–2026 school year, but the method and conditions under which they were imposed—conditions the ETSB says violate its constitutionally protected right to manage its own affairs.
The resolution, adopted with one abstention at a special meeting of the Council of Commissioners, authorizes the board to join QESBA’s legal proceedings and mandates Power Law to act on its behalf. It also directs the ETSB to apply for a stay of the contested budget rules no later than Aug. 15, which, if granted, would temporarily suspend the application of the government’s restrictive directives until the courts can rule on their validity.
Background – Deep cuts and tight timelines
The ETSB had already voted on July 8 to delay the adoption of its 2025–2026 budget in light of what Chair Michael Murray described as a “monumental reduction in resources.” The board was facing an unprecedented $6.5 million in compressions across two years, with over $3 million to be cut for the 2025–2026 school year alone. The Quebec government had announced the cuts on June 12—just days before the end of the school year and after staffing decisions were already finalized.
According to the ETSB, adopting a balanced budget under the new constraints would require “substantial cuts to direct student services, including the elimination of the majority of decentralized ‘measures’ and increased reliance on community partners to fill service gaps.” The board also criticized the province’s one-day consultation period, calling it incompatible with responsible financial planning and local service delivery.
Challenge rooted in recent court victories
At the July 22 meeting, Murray explained that while a partial reinvestment from the government had slightly improved the situation, those funds came with conditions that restrict how school boards can allocate their resources. “They tied up the reinvestment with a variety of rules that make it very difficult for a school board to be flexible,” he said.
Among the conditions for accessing the roughly $2.4 million in new grants are compliance with staffing-hour targets, prioritization of administrative over student-facing cuts, and commitments to government priorities such as regional service sharing. Murray argued that these restrictions undermine a landmark April 2025 ruling from the Quebec Court of Appeal, which reaffirmed that English-language school boards have constitutionally protected rights to manage and control their operations under Section 23 of the Canadian Charter of Rights and Freedoms.
“That ruling is binding,” Murray stressed. “The government did not apply for a stay. Even though they’ve applied for permission to appeal to the Supreme Court, the appellate court judgment stands as law.”
The resolution presented July 22 echoes that position, stating that the new conditions “restrict management and control” and “would prevent the ETSB from managing its staffing and allocating its funding in a manner that responds to the needs of its students and community.”
QESBA to lead proceedings with Power Law
The ETSB’s resolution formally empowers QESBA to lead the challenge and designates lawyer Mark Power of Power Law to represent the board. Power previously represented English school boards in the successful legal battle against Bill 40, which had sought to convert elected English boards into government-controlled service centres.
Because Power is not a member of the Quebec Bar, the ETSB passed a second resolution requesting special permission for him to represent them in this case as well.
The board intends to support a motion for a stay of the contested rules by Aug. 15, which Murray said would likely be heard quickly. “If we obtain a stay, we will still submit the same balanced budget that we would if we don’t obtain a stay, but we will have a lot more liberty or flexibility in the use of funds in the meantime,” he said.
As one example, Murray noted that the government instructed boards not to cut food programs. “We would probably not have cut them anyway,” he said. “But the idea of dictating basically clause by clause what we do and don’t cut… is contrary to the rights of management and control.”
Next steps and broader implications
The ETSB has deferred its budget adoption to either Aug. 26 or Sept. 23, in accordance with the Education Act deadline of Sept. 26. Murray confirmed that the legal challenge should not delay that timeline. “The application for a stay will have to be judged very quickly and will normally be judged very quickly,” he said.
If the stay is granted, the ETSB will regain short-term flexibility over its spending while the case proceeds through the courts. “Based on previous legislation and court judgments, including our win at the appeal court for Bill 40, we would then proceed to use our own best judgment for the use of the funds,” Murray explained.
The challenge is supported by all nine English-language school boards in Quebec. Murray noted that while the case centres on the English system’s protected rights, its outcome could influence broader governance across the education sector.
In closing the July 22 meeting, Murray thanked administrators and commissioners for interrupting their vacations to attend. “Enjoy the rest of your summer,” he said. “We’ll keep you posted on developments.”