Administrators with the nine school boards across Quebec were celebrating last week, as the Quebec Court of Appeal once again upheld the English-speaking community’s linguistic minority right to manage and control its educational institutions. The Quebec government is probably wishing by now that it had invoked the notwithstanding clause when it first introduced Bill 40 amid its efforts to amend the Education Act. Instead, the province tried to override the Charter rights of its English-speaking community all on its own.
The Quebec Superior Court has now ruled twice in favour of the Quebec English School Boards Association, first by allowing a stay when the Bill was passed in 2020, and then again in 2023 when judge Sylvain Lussier ruled that the legislation was unconstitutional. The government challenged both decisions and lost, this last time after a panel of three judges ruled unanimously that the bill violated linguistic minority rights. Quebec Education Minister Bernard Drainville has not commented on the most recent ruling other than to say the government is reviewing the judgement.
The province could appeal this ruling to the Supreme Court of Canada, but this country’s top court would first have to agree to hear the case. The Court of Appeal decision makes it very clear that the Quebec government has an obligation to uphold Charter rights. Extending this battle any further will only cement this government’s lack of respect for minority rights. By insisting on prioritizing its obviously flawed language politics, the government is risking an opportunity to work productively with English school boards. The courts have now repeatedly spoken. It is time for the government to listen.
Sarah Rennie