The Quebec government has announced plans to seek leave to appeal a recent court decision on its controversial school board reform law to the Supreme Court of Canada, intensifying a legal battle that raises significant constitutional and minority rights questions.
Education Minister Bernard Drainville confirmed on Friday that the province will move forward with an application to the country’s highest court, following a Quebec Court of Appeal ruling that partially invalidated portions of Bill 40 — the legislation that sought to abolish elected English-language school boards and replace them with service centers.
Bill 40, introduced and passed by the Coalition Avenir Québec (CAQ) government in 2020, aimed to streamline the province’s education system and increase administrative efficiency by converting most school boards into government-run service centers. While the law was applied across French-language school boards, the English-speaking minority community challenged its application to their own institutions, arguing it violated their constitutional rights under Section 23 of the Canadian Charter of Rights and Freedoms.
Earlier this year, the Quebec Court of Appeal ruled in favor of the English school boards, stating that English-speaking minority groups have a protected right to manage and control their own educational institutions. The court found that the province’s attempt to impose service centers on English boards undermined those constitutional protections.
In response, the CAQ government is turning to the Supreme Court, claiming that its reforms are necessary for a more modern, efficient education system that serves students regardless of language. “We strongly believe in the merit of Bill 40 and its benefits for all Quebec students,” Minister Drainville said. “We respect the role of the courts but feel this issue is of national importance and must be clarified by the Supreme Court.”
The English Montreal School Board (EMSB), one of the leading voices opposing the reform, has vowed to continue defending the rights of Quebec’s English-speaking minority. “This is about more than just school governance. It’s about protecting our community’s right to self-determination in education,” said Joe Ortona, chair of the EMSB.
Legal experts say the Supreme Court’s decision to hear — or not hear — the appeal could have lasting implications for minority rights and provincial jurisdiction over education across Canada. The case touches on the delicate balance between a province’s authority to legislate and the federal Charter’s protection of minority language rights.
Should the Supreme Court agree to hear the case, it could take months before arguments are presented and a ruling is issued. In the meantime, English school boards in Quebec will continue to operate under the legal protections granted by the Court of Appeal.
As Quebec moves forward with its appeal request, education stakeholders, minority rights groups, and constitutional scholars across the country are watching closely. The outcome could redefine how far provincial governments can go in restructuring public education systems when those reforms intersect with Charter rights.
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