Quebec's English school board reform is unconstitutional, court rules

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Bill 40 unreasonably limits the protected rights of the anglophone minority to manage its education system, according to a Quebec Superior Court decision.

The office of the justice minister indicated in a short statement that it will analyze the possibility of appealing the judgment.In his decision, Lussier is clear: “The court considers that several of the articles covered by this action infringe upon the rights of Article 23 and that these infringements are not justified.”

In other words, Lussier rules that Quebec erred in trying to limit the rights related to education only to parents whose children attend English school. These rights, he said, extend to the entire English-speaking community. “Limiting, directly or indirectly, as the law does, the right of representatives to stand for school elections restricts the right of the minority to the management and control of its educational institutions.”In support of his argument, Lussier cites remarks by former Parti Québécois leader Pauline Marois.

 

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