Bill 40

Quebec applies to appeal Bill 40 decision to Supreme Court

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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.

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English school boards celebrate ‘historic’ victory

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By Trevor Greenway

The head of the Western Quebec School Board (WQSB) is praising Quebec’s highest court after it found that sections of Bill 40, which would have abolished English school boards, were unconstitutional. 

In a unanimous decision handed down on April 3, three judges from the Quebec Court of Appeal largely upheld a 2023 Superior Court ruling that declared several parts of the bill violated rights guaranteed under section 23 of the Canadian Charter of Rights and Freedoms.

Executive director of the WQSB George Singfield says the result – which keeps English school boards intact with elected commissioners – is a huge victory, not only for English education in Quebec, but English rights as a whole.  

“I think at the root of everything is the infringement that has been brought forward by the Quebec English School Board on the rights of the anglophone community,” said Singfield, referring to the QESBA, the Montreal English School that first brought the court challenge against Bill 40.  “And so that, I believe, is probably the biggest gain in the decision that was made yesterday – the recognition of those fundamental rights.”

The Legault government introduced Bill 40 to abolish all school boards across the province and turn them into service centres with appointed commissioners. The bill was passed in 2020, but English school boards fought – and won – to keep control of its schools. French school boards were abolished and are now called service centres. 

“It really does reinforce our English-speaking communities in the province, to manage and control our schools and centres, our institutions – that’s the underlying piece,” said Singfield. 

He explained that under Bill 40, English school boards would’ve been abolished and converted into school service centres. The WQSB’s elected council of commissioners would’ve been abolished, and the government would’ve appointed commissioners. This was among the major fears of English school boards across the province, as local representatives – current, former and prospective parents and residents – would be barred from running in elections, and a commissioner would’ve been appointed. 

“At stake was losing the ability to govern our own schools,” said WQSB Commissioner chair Joanne Labadie. “Pre Bill 40, it is the Council of Commissioners that chooses the director general, and the director general reports directly to them, and so this would have given the government the opportunity to appoint whoever they wanted in that – it could have been a friend, someone with different political ideology or cultural leanings, and they would have been able to impose it.”

The 90-page ruling also stated that funding must be the responsibility of minority language representatives and can’t be controlled by the provincial government. 

The ruling also struck down a Quebec provision that argued that only parents with children presently enrolled in English schools are rights holders under section 23 of the Canadian Charter. 

No real path to Supreme Court

“This came quick,” said Labadie about the court’s decision, comparing this trial to the original QESBA challenge, which took a judge 28 months to render a decision.  “And the decision was pretty clear, and we’re all just so thrilled to have our rights recognized once again with this decision and just hope that the government will not appeal it to the Supreme Court. If they do, we’re ready for it.”

The Quebec government has not announced whether or not it will seek to appeal the decision. However QESBA president Joe Ortona told the Montreal Gazette that he doesn’t see a path for the government to appeal the new ruling to the Supreme Court of Canada. 

“This is now, on Bill 40, the fourth sweeping victory that we got … so the government has lost on every single point, in every single argument, in every single instance of the Quebec courts, over and over and over again,” he said.

The English Parents’ Committee Association (EPCA), a coalition of parents’ committees of Quebec English school boards, said it was “thrilled” with the announcement. 

“This is a historic victory,” said EPCA president Katherine Korakakis. “Not just for parents, but for every member of our community who believes in shaping our children’s future. The court’s decision is a powerful reminder that our voices matter, and our right to govern our schools is non-negotiable.”

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Bill 40 ruling a victory for English school boards

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Bill 40 ruling a victory for English school boards

Ruby Pratka, Local Journalism Initiative reporter

editor@qctonline.com

Quebec’s English-language school boards are celebrating a major victory after the Quebec Court of Appeal largely upheld an earlier Superior Court ruling on the English- speaking community’s right to oversee its own school system as guaranteed in the Charter of Rights and Freedoms.

In practice, advocates say, the ruling means Bill 40 – the reform passed by the Coalition Avenir Québec (CAQ) government in 2020 which replaced elected school boards with government-run service centres overseen by unelected volunteer boards with limited power – cannot be applied to English school boards. English boards, they say, will continue to function as they have since 1998, when language-based school boards replaced sectarian ones.

“We’ve been functioning as if Bill 40 didn’t exist, and we plan to continue functioning that way,” said Joe Ortona, president of the Quebec English School Boards Association (QESBA), which brought the case along with Montreal’s Lester B. Pearson School Board and a concerned parent.

When Bill 40 was being debated, its backers argued that it would increase efficiency and remove the need for costly school board elections that relatively few people vote in. However, QESBA and its member boards saw an attempt to deprive Quebec’s English- speaking communities of their charter right to control their education system. Several months after the bill passed, a court suspended its application to English-language school boards while the case progressed. 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 limited the Charter rights of official language minority communities. In September of that year, the government appealed the ruling.

On April 3, the Court of Appeal essentially upheld Lussier’s original verdict. Judges Robert M. Mainville, Christine Baudouin and Judith Harvie found that the school governance scheme set out in Bill 40 infringed on the community’s right to control its education system and disincentivized parent and community involvement. 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 jurisprudence involving francophone school districts in English Canada. “The court cannot accept the argument that the linguistic minority is represented through the staff hired by a service centre.”

“This is more than we could have hoped for,” Jean Robert, chair of the Central Québec School Board (CQSB) Council of Commissioners, told the QCT. “The major thing is that the ruling recognizes that Bill 40 was infringing on our rights under the Charter, which is the basis of all our arguments.”

“We have local elected representatives who are account- able to the English-speaking community, and that is how it should be,” Ortona said in an interview. “It means the community has a voice, because elected representatives [on] boards managed and controlled by commissioners are accountable to the community, rather than accountable to the minister elected by all Quebecers. Now, we get to cater to the will of the community when it comes to management. The French sector doesn’t have that.”

Eva Ludvig is the president of the Quebec Community Groups Network (QCGN), which was granted intervenor status in the case. “The QCGN had reminded the court that although Quebec has broad authority over education, that authority is not limitless,” she said in a statement. “If a law interferes with minority- language rights, the burden is on the province to justify it … and that is a high bar to meet. This is why today’s ruling is such a landmark win for our community.”

Katherine Korakakis, president of the English Parents’ Committee Association, said the parents’ group was “thrilled” with the “historic victory.” She called the deci- sion “a powerful reminder that our voices matter, and our right to govern our schools is non- negotiable.”

“We will be able to choose our own destiny, and the population will have the opportunity to choose their commissioners and their chairperson,” Robert said. “It will continue what we believe is a very successful way of governing our school system. … We can move ahead knowing the courts have clearly decided we have that right protected.”

The Quebec government has 60 days from the date of the ruling to apply for leave to appeal to the Supreme Court of Canada. A spokesperson for the Ministry of Justice declined to comment on the ruling “out of respect for the judicial process.”

Ortona and Robert said they hoped the government would not appeal, and would instead use the ruling as the basis for a new working relationship with English school boards. “We want to sit down with the government and say, ‘Let’s accept it and move on and see what’s best for the students,’” said Robert. “They may decide otherwise, but we are hopeful that [because] the decision was so clear, the government will accept it and we can work together.”

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School board elections integral for parents

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By Trevor Greenway
Local Journalism Initiative

If ever there was a time to become involved in your child’s education, it’s now. 

With the Western Quebec School Board (WQSB) elections coming in just over a month, English rights advocacy groups in the province are calling on parents to run for a position and show the government how important it is to keep control of their own school board. 

Bill 40 was passed in the National Assembly in 2020 and with it came abolishment of French school boards, which were converted into school service centres. While the CAQ government tried to extend the bill to English school boards in the province, a superior court ruled last year that major elements of Bill 40, an act that amends the Education Act concerning school organization and governance, are unconstitutional.

Quebec Premier François Legault has vowed to appeal the decision, making this year’s school board election more important than ever. 

“Oh, my God, it’s so important,” said Quebec Community Groups Network director-general Sylvia Martin-Laforge. “Parents have to get involved, not only for the education of their children but also because the English school board system is an institution of the English-speaking community, and we have to show the government of Quebec that we – as parents, as grandparents, as community members – value that the governance of our school boards remains in the hands of committed, English-speaking, community individuals.”

Martin-Laforge said that keeping control of English education will mean that school board commissioners will not only fight to keep control but also fight to preserve and protect the “uniqueness” of English education in Quebec. She said those who run for school board commissioner roles will have more influence on curriculums, budgets and other important aspects of education. 

“The parents are the direct line, for sure, and have to keep school board officials on their toes to really reflect what is needed in an English-speaking public system,” said Martin-Laforge. She also noted that, while Bill 40 targets public education, parents also need to keep tabs on postsecondary policies, as legislation, such as Bill 96, now Law 14, adds extra French courses to students’ course loads at English CEGEPS. 

“Remain politically active in the English-speaking community,” she said. “It’s about the governance of our institutions. It’s about interference in government and how we want our children to be treated throughout the continuum of education.”

What does a school board commissioner do?

The WQSB director-general George Singfield was quick to point out the difference between the school board’s council of commissioners and a governing board member. The governing board is made up of an equal number of parents and staff members, while councils of commissioners are voted in through an election. School board commissioners do not have to be parents to run in the election. 

Singfield said commissioners control everything from budgets and curriculums to school expansion and other financial projects. 

“We just adopted the budget for our board, but it has to be approved by the council of commissioners,” said Singfield. “They adopt the budget, they approve curricular approaches as presented by the principal, activities and all kinds of pieces that involve programming. So there are many examples of what we do, but really their role is governance.”

The WQSB has 11 electoral districts, with a commissioner at the helm of each one. Singfield said commissioners meet at least once a month, depending on whether or not a commissioner also sits on a committee, which includes transportation, human resources and other committees. 

“You’re looking at a few hours a month,” added Singfield. “If you’re a commissioner and you sit on a committee then it could be up to 10 hours a month.”

This year’s election for commissioners happens on Nov. 3, although candidacy papers are due by Sept. 29. 

How to apply? To be a school board commissioner, you must be on the Anglophone Electoral List. All eligible parents with children currently enrolled in a WQSB school are automatically registered. If your child is not currently enrolled in school, you’re still eligible to run as long as you reside within the WQSB catchment area. To register on the electoral list, visit www.westernquebec.ca and complete the Notice to the Anglophone School Board form and send it to rvincent@wqsb.qc.ca

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