Quebec court upholds ruling that found parts of law abolishing school boards unconstitutional
Education Minister Bernard Drainville declines to comment, says office is studying ruling
Quebec's Court of Appeal has upheld a lower-court ruling that found a provincial law abolishing school boards violated English-language minority education rights.
The Quebec English School Boards Association (QESBA) called today's decision a recognition of the anglophone community's constitutional right to manage and control its institutions.
It expressed hope that the province would not seek to appeal the "crystal-clear decision" to the Supreme Court of Canada.
Quebec Superior Court ruled in 2023 that the province's school board law infringed linguistic minority education rights, guaranteed in Section 23 of the Canadian Charter of Rights and Freedoms.
The law, which was adopted in February 2020, replaced French school boards with so-called service centres, but measures affecting English school boards were stayed pending the outcome of the court challenge.
Education Minister Bernard Drainville declined to comment, with a spokesperson saying his office is studying the ruling.
Joe Ortona, QESBA president and chair of English Montreal School Board, told CBC News that the ruling affirms that the English-speaking community has management and control rights that are guaranteed in the constitution.
"It's a sweeping victory across the board. We couldn't be more thrilled with this judgment," said Ortona. "And we hope the government will take good note of it and start to actually implement it and respect our rights."
With files from CBC's Matt D'Amours