Hanes: Judgment on English school boards is a warning to Legault government

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The Quebec Superior Court judgment invalidating much of Bill 40 is a boost for minority rights and serves notice to governments that wilfully ignore them.

It recognized that Bill 40 infringes upon, as outlined in Article 23 of the Canadian Charter of Rights and Freedoms, and nullified parts of the law. It’s a legal victory for English-speaking Quebecers, local democracy and the autonomy of schools.

Whether it’s Bill 21, banning civil servants in positions of authority like teachers and police officers from wearing religious garb, or Bill 96, turning English-speaking Quebecers into second-class citizens, the CAQ unapologetically governs by majority rule. And in shielding the discrimination resulting from both laws by pre-emptively using the notwithstanding clause, it has demonstrated that it just doesn’t care about the collateral damage.

This requires much more than consultation, he added. And it certainly extends beyond the disingenuous dialogue that has become a pattern under the Legault government when it comes to all manner of policies and legislation. Lussier also sagely points out that no matter how laudable it is to preserve the French language and identity in the English sea of North America, it’s not a licence to run roughshod over the interests of others.

 

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