Quebec applies to appeal Bill 40 decision to Supreme Court

Ruby Pratka, Local Journalism Initiative reporter

editor@qctonline.com

Quebec’s English-language school boards are preparing to defend their continued existence before the Supreme Court of Canada. On May 30, multiple sources confirmed that the Quebec government planned to request leave to appeal a ruling in support of the school boards to the country’s highest court.

In February 2020, the Coalition Avenir Québec (CAQ) government passed Bill 40, which replaced elected school boards in both the francophone and anglophone sectors with government-run service centres overseen by volunteer boards with limited power. At the time, English boards argued the new law infringed on the English- speaking community’s right to control its education system, afforded to official-language minority communities in the federal Charter of Rights and Freedoms. The Quebec English School Boards Association (QESBA) took the government to court, obtaining first an injunction which suspended the law’s application to English boards, then a ruling by a Superior Court judge which found the law did infringe on the community’s charter rights. The government appealed that decision, and in April of this year, an appeals court panel essentially upheld the Superior Court ruling. At the time, QESBA and its member boards hoped the government would accept the ruling and lay the groundwork for a new working relationship with school boards. That hasn’t happened.

The association said its members were “deeply disappointed” by the government’s decision to appeal.

“We were hopeful that the government would accept the unanimous ruling of the Court of Appeal and finally respect the rights of the English-speaking community,” said QESBA president Joe Ortona. “At a time when Quebec faces serious financial pressures, it is disappointing to see public funds used to continue a legal battle that so clearly infringes on the rights of minority communities.”

“As I said at the time, [the Appeals Court ruling] was a really wonderful decision for the English boards – there was a recognition that the Constitution gave us the right to govern our schools,” said Jean Robert, chair of the Council of Commissioners of the Central Québec School Board (CQSB), the QESBA member board which oversees English-language public schools in the Quebec City region and on the South Shore as well as in Mauricie, Saguenay and large swaths of northern Quebec. “The environment is such that I wasn’t surprised [an appeal was made] … but we were really hopeful that at the end of the day, the government would see that the decision was clear.

“I don’t know the timeline, but we’re talking about years of time and expenses and uncertainty,” he added. “We are convinced we will win – we have the two judgments in our favour, the last one was unanimous and they supported us on nearly every point.”

Robert told the QCT school boards would have to “rely on the generosity of the community” to continue the court challenge.

“They [the government] have all the legal resources in the world, and in our case, we’ll have to do fundraising for this,” he said. “When you go to the Supreme Court, you’re talking about over $1 million in expenses. The government has a slew of lawyers at their disposal, but we have to hire our own lawyers and do fundraising.”

Robert said representatives of QESBA member boards would meet on June 2 to plan next steps. “We will be looking at potential donors in the community, parents and graduates who are ready to donate,” he said. “We always said we didn’t want to use money that has been set aside for services to students. There have been some generous donors for the last Bill 40 case, but we can’t always [turn] to the same people … and the money has to come from somewhere.”

In the coming weeks, “our role will be to inform people on what this really means – it is about being the master of what we do,” Robert said. “It is a slippery slope to having our schools potentially become wings of the francophone system … we will continue to fight this with everything we can.”

The Quebec government does not generally comment on ongoing court cases.