Quebec government launches Bill 40 appeal to Supreme Court, law to abolish school boards
Posted May 30, 2025 3:51 pm.
Last Updated May 30, 2025 4:50 pm.
After Quebec’s highest court ruled that Bill 40 violated the rights of the English-speaking community, the Legault government is taking its legal challenge to the Supreme Court of Canada, which could have the final say on the constitutionality of the law — if the court agrees to hear the case.
In April, Quebec’s Court of Appeal made — what Anglo groups called a “historic decision” — when it struck down parts of the law, which sought to abolish school boards in Quebec and replace them with school service centres, while reforming school governance in the province.
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.
The Quebec English School Boards Association (QESBA) said that they are 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.”
Despite this latest move by the government, the QESBA, which represents 100,000 students across Quebec, added that they remain committed to defending the rights of English-speaking Quebecers.
“We will continue to stand up for our students, our parents, our staff, and the communities we serve,” said Ortona. “We will continue our fundraising efforts to
help offset the legal costs of this ongoing fight.”
The ruling largely upheld a 2023 Superior Court decision that said parts of the bill violated fundamental rights under section 23 of the Charter — including allowing certain individuals who are not members of the linguistic minority in Quebec to vote and run in school board elections for the English-language education sector.
