New Frontiers School Board

Sarah Rennie – LJI reporter

John Ryan, the chair of the New Frontiers School Board Council of Commissioners, says a recent decision by the Quebec Court of Appeal on Bill 40 is reason to celebrate.

In a ruling issued on April 3, the appeals court upheld a previous Superior Court judgement that found many provisions of Bill 40, which aimed to amend the Education Act regarding school organization and governance, are unconstitutional.

The Quebec English School Boards Association (QESBA), along with the nine school boards including the NFSB, challenged the legislation after it was introduced in 2020. The bill brought profound changes to the way primary and secondary schools are governed in the province, largely by transforming school boards into service centres. QESBA argued that the bill infringed on Section 23 of the Canadian Charter of Rights and Freedoms, which gives linguistic minority communities the right to manage and control education services.

QESBA president Joe Ortona says the association is thrilled that the rights of the English-speaking community have once again been recognized. “We truly hope that the government will decide not to take this crystal-clear decision of the Quebec Court of Appeal to the Supreme Court of Canada in Ottawa,” he adds.

The ruling, which was issued by judges Robert M. Mainville, Christine Baudouin, and Judith Harvie, essentially upholds the findings of constitutional invalidity included in the 2023 ruling issued by Superior Court judge Sylvain Lussier.

The case focused on the scope of the rights guaranteed by Section 23 of the charter, and who can exercise these rights. The Court of Appeal agreed that Bill 40 severely limits the abilities of the English-speaking community to choose representatives and to determine how government funding is used. The ruling also broadens the definition of rights holders to include “all individuals comprising the linguistic minority,” after the government argued that only parents of students enrolled in English-language institutions held these rights.

“It is as big, if not bigger than the Lussier judgement we received,” says Ryan, who refers to the ruling as a vindication. “It is a very strong judgement,” he adds, noting that both sides are now reviewing the 86-page document. “We have to dissect it, understand it, internalize it, and then look at our relationship with the government as school boards and how we can work together,” he explains.

“We were told one of the reasons that it worked well was the tremendous amount of work put into the original case,” Ryan says. “The work was very strong, and it was a well-argued case,” he adds, before noting that while they were confident in their arguments, the outcome could have gone the other way.

“It shows the value of citizenship, the value of participating in a democracy, and standing up for things when they are not going right,” says Ryan. “It reinforces the value of truth,” he continues, “and we need that today for obvious reasons.”