By The Canadian Press

Court of Appeal sides with English school boards over Quebec government reforms

Apr 3, 2025 | 1:49 PM

MONTREAL — Quebec’s Court of Appeal upheld a lower court ruling on Thursday that found a provincial law abolishing school boards violates English-language minority education rights.

The Quebec English School Boards Association called Thursday’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 and sit down with the association to look at next steps.

“We are thrilled that our rights have been recognized once again with this decision,” English school board president Joe Ortona said, describing it as a “sweeping” victory.

Quebec Superior Court Justice Sylvian Lussier ruled in August 2023 that the province’s law abolishing school boards violates linguistic minority education rights, guaranteed in Section 23 of the Canadian Charter of Rights and Freedoms.

The law, adopted in February 2020, transformed French schools boards, which were governed by elected commissioners, into service centres run by a board of directors that takes direction from the provincial government. The Court of Appeal decision says the law “radically alters the mission of these school service centres in relation to that of school boards.”

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However, the law’s measures affecting English school boards were stayed pending the outcome of the court challenge.

The 86-page appellate court judgment dated Thursday was unanimous, with a panel of three judges upholding most of the constitutional conclusions of the Superior Court.

A coalition of English parent groups called the ruling a “historic” decision that protects the rights of linguistic minorities to manage and run their own schools.

“The court’s decision is a powerful reminder that our voices matter, and our right to govern our schools is non-negotiable,” Katherine Korakakis, president of the English Parents’ Committee Association, said in a statement.

The Quebec Community Groups Network says the case was about fundamental rights guaranteed in the Charter.

“Of course it is up to the parties to decide whether this sound decision will be appealed,” said Eva Ludvig, president of the groups network. “But we do note that the Quebec government, which brought this appeal in the first place, is on record as saying the Supreme Court of Canada has no business interfering in matters of Quebec legislation.”

Education Minister Bernard Drainville declined to comment, with a spokesman saying Thursday his office is studying the ruling.

This report by The Canadian Press was first published April 3, 2025.

Sidhartha Banerjee, The Canadian Press