CAQ government backtracks on bill limiting power of English school boards

The Quebec English School Boards Association has agreed to drop a court challenge of the CAQ government's proposed education reform, Bill 23, after Education Minister Bernard Drainville introduced an amendment that would exempt English boards from implementing government directives the boards considered unconstitutional.

"We came to a common understanding, and the English-speaking school boards are happy.  They saw it as a very positive gesture, and we are very happy with it too," Drainville told reporters at the National Assembly Thursday.

"I think this is a recognition by the government that their decision to want to implement this within the English system was wrong-headed," Joe Ortona, president of the association, told CBC in an interview Thursday.

Bill 23, tabled in May, is currently being studied by a National Assembly committee. The government is hoping to make it the law before the end of the year.

Bill would have allowed province to appoint school board directors

The bill would give the provincial government the power to appoint directors for school service centres and school boards — and to veto their decisions.

The CAQ government abolished elected school boards in 2020 when its previous education reform, Bill 40, became law.  Bill 40 instead created school service centres largely overseen by the Education Ministry.

English-language boards were allowed to continue operating after a successful court challenge of Bill 40 based on minority language rights.  The province is currently appealing that ruling.

In the meantime, the CAQ government introduced Bill 23 and insisted it could be applied to English school boards, even while the legal case involving Bill 40 is still before the courts.

But after meeting with the association last week, Drainville introduced an amendment Tuesday to exempt English boards from some provisions of Bill 23.

That means the province will not appoint directors of English school boards and will not be allowed to overrule the board's decisions.

"All of that was very problematic for us, so as long as it's not implemented in the English sector, we see no reason why we would challenge this in court," Ortona said.

All of Bill 23 will still apply to French-language school service centres.

CAQ has losing record on court challenges from English community

Ortona said perhaps the government offered the concession because it was growing weary of constitutional challenges to its legislation.

"I don't think they want another court challenge with the English-speaking community, because if you're keeping score we've won every court challenge so far," Ortona said.

In addition to the successful legal challenge of Bill 40, English language school boards won an exemption to the province's secularism law, Bill 21, which prevents some civil servants — including teachers — from wearing religious symbols at work. 

In April 2021, a Superior Court judge ruled Bill 21 could not be applied to English School boards. The province is appealing that decision.

And the English Montreal School Board, which is chaired by Ortona, also launched a legal challenge earlier this month of the province's new language law, Bill 96.