(Montreal) Quebec will appeal the Quebec Supreme Court’s ruling last month in favor of the Association of English-Speaking School Boards of Quebec (ACSAQ), which believed several articles of the law violated the rights of linguistic minorities in the province.
Posted at 5:56 p.m.
Marie-Ève Martel The Canadian Press
The Office of Education Minister Bernard Drainville confirmed to The Canadian Press its intention to appeal the decision.
“The judgment raises questions of legal interpretation and legal issues. Nevertheless, we turn to the ACSAQ and would like to continue the exchange with the English-speaking school environment,” says a written statement.
In view of the legalization of the case, the company will not comment further.
On Aug. 2, the Quebec Supreme Court invalidated part of the school governance reform mandated by Law 40, passed in 2020 under the Legault administration’s gag order.
Attorney General Simon Jolin-Barrette’s office said it would take note of the verdict before considering an appeal.
By amending the Education Act, Bill 40 resulted in school boards being transformed into school service centers; However, based on the Canadian Charter of Rights and Freedoms, the QESBA asserted that linguistic minorities had the right to administer their own education system.
By the time the court delivered its verdict last August, school authorities in England had been granted a stay in applying the law. In 2020, the government’s attempt to lift this postponement failed.
In a statement sent out Friday night, the QESBA says it is “extremely disappointed” by the government’s decision to appeal the case.
“The decision made by Supreme Court Justice Sylvain Lussier on August 2 was reasoned and thorough. Justice Lussier unequivocally affirms the fundamental importance of minority language rights and concludes that much of Bill 40 violates the constitutional rights of the English-speaking community to administer and control their educational institutions, as we may read in the ACSAQ press release.
“This is a strong verdict for our community and we are very disappointed that this government has decided to appeal the entire verdict. This decision means that it remains our responsibility to defend the rights guaranteed in the Charter. While this is a heavy burden, we stand ready to continue the fight to ensure our rights are protected for our community and the students we serve.
With information from Caroline Plante