QESBA thrilled with the Court of Appeal decision on Bill 40

The Quebec English School Boards Association (QESBA) is thrilled with the sweeping decision rendered today by the Québec Court of Appeal on the government’s appeal of Bill 40, An Act to amend mainly the Education Act with regard to school organization and governance.

 QESBA originally challenged the legislation and was awarded a stay in 2020, which was confirmed by three judges of the Québec Court of Appeal later that year. The Québec Superior Court heard the case on its merits in 2021 and delivered a sweeping judgment, concluding that many provisions of Bill 40 are unconstitutional because they breach section 23 of the Canadian Charter of Rights and Freedoms. Today’s decision reinforces the English-speaking community’s rights to manage and control our institutions.

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

 On first reading, the QESBA was successful in obtaining a declaration that several requirements are unconstitutional. In particular, the Court of Appeal concluded:

• Bill 40 severely limits the ability of members of the linguistic minority to choose the individuals who will act as its representatives. In a way, it neutralizes their right to choose their representatives.
• Funding must be the responsibility of minority language representatives and can no longer be micromanaged by the government,
• What is more, the Court firmly rejects, once again, the Government’s argument that only parents with children presently in English schools are rightsholders pursuant to section 23 of the Canadian Charter.

 “Needless to say, we are thrilled with the decision rendered this morning, and we are hopeful that the government will take this opportunity to sit down with the QESBA to implement the decision,” concluded the President.

 QESBA is the voice of English public education in Québec and represents 100,000 students in over 300 elementary, high schools, and adult and vocational centres across Québec.