Bill 40: Quebec court of appeal sides with English school boards

Quebec’s English school boards are celebrating another legal victory.

The province’s appeal court upheld on Thursday a 2023 ruling by the Quebec Superior Court that found parts of a provincial law abolishing school boards violate English-language minority education rights.

In that 2023 decision, the judge ruled several sections of Bill 40 cannot be applied to English school boards, including those setting limits on who can run for election and sit on the boards. The province later appealed that ruling.

Bill 40, which was adopted in February 2020, replaced school boards with service centres.

The Quebec English School Boards Association (QESBA) challenged the law in court, arguing it violated minority language education rights guaranteed in Section 23 of the Canadian Charter of Rights and Freedoms, and that it would grant the government too much control over education.

QESBA, which represents 100,000 students across Quebec, said it was happy with the Appeal Court’s decision on Thursday.

“We are thrilled that our rights have been recognized once again with this decision,” said QESBA president Joe Ortona. “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.”

The Quebec Community Groups Network (QCGN) said it was “delighted” with the ruling.

“This is a very important case for our community, a case that goes to fundamental rights expressed in the Charter,” said QCGN president Eva Ludvig. “As intervenors in this Bill 40 appeal, we are heartened to see our arguments supported by the Court of Appeal so clearly and hope, of course, that this will settle the question.

“Of course it is up to the parties to decide whether this sound decision will be appealed, but we do note that the Quebec government, which brought this appeal in the first place, is on record as saying the Supreme Court of Canada has no business interfering in matters of Quebec legislation.”

The English Parents’ Committee Association (EPCA) called it a “landmark” decision.

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

In a written response to CityNews, the office of Quebec’s Education Ministry says that they will read the judgment and analyze it, but will not comment further at this time.

–With files from The Canadian Press