Author: The Record
Published March 27, 2024

Local school board chair blasts recent court ruling on Bill 21 at monthly meeting

By William Crooks

Local Journalism Initiative

Eastern Townships School Board (ETSB) Chair Michael Murray has criticized in strong terms the recent ruling by Quebec’s Appeal Court to uphold Bill 21, which bans public officials from wearing religious symbols on the job.

“There are many rights that have been handed down by various levels of court, including the Supreme Court, since the 1990s,” Murray said to those gathered at a virtual board meeting March 26.

“So basically, to paraphrase the judgment, it was a decision that nobody has any rights in Canada anymore.”

The remarks came in the context of an update on the Quebec English School Board Association (QESBA). QESBA is an “intervener” in the case, Murray said, so all nine English school boards in the province are parties to a potential appeal of the ruling. QESBA is consulting its legal counsel to see if another appeal is worth pursuing.

The court rejected the appeal against Bill 21, ruling the notwithstanding clause supersedes any legislation. The court explained that the legislature holds supremacy over the judicial system, allowing it to invoke the notwithstanding clause without judicial intervention.

Section 33 of the Canadian Charter of Rights and Freedoms, also called the notwithstanding or override clause, permits federal, provincial, or territorial governments to temporarily bypass certain Charter rights. Governments must renew these overrides every five years.

Murray further noted that he did not think the central question, whether teachers count as “influential people” and fall under Bill 21’s purview, was properly addressed.

Another piece of legislation, Bill 40, was discussed. Bill 40, if fully passed, would eliminate all school boards and replace them with “service centres.” It was ruled unconstitutional in its application to English school boards, but the Quebec government is currently appealing the decision.

Murray reported that QESBA has revived its fundraising efforts under the theme “Every Dollar Counts,” urging everyone to donate personally, even if it’s just one dollar. He highlighted the symbolic importance of these contributions alongside the financial goal.

QESBA estimates needing about three quarters of a million dollars more to support the potential appeal of Bill 21 and Bill 40 to the Supreme Court. This anticipation comes in light of potential unfavorable appellate court judgments or government contestations of favorable ones.

“Fundraising will begin soon, and we will move forward with it as energetically as possible,” Murray explained.

Secretary General Éric Campbell announced the ETSB received a thank you letter from QESBA, expressing gratitude for a previous generous contribution towards challenging Bill 40 legally. This donation is expected to boost the momentum for the legal fund campaign, with the letter signed by David Meloche, QESBA’s new executive director.

Campbell clarified that the donation came from personal resources of all 16 commissioners, including the chair, rather than school board funds.

Commissioner Gordon Barnett said at the meeting he recently attended two conferences on the effects of Bill 21 and Bill 40 on the English community.  

“I would say that really there’s quite a dark cloud on the horizon as far as the community is concerned,” he said.

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