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English school boards pleased with stay on Bill 40

The judge argued Bill 40 did not respect the charter

By Stuart Benson

The Quebec English School Boards Association is celebrating the judgement in favour of a stay on Bill 40 by Quebec Superior Court Justice Sylvain Lussier on Aug. 10.

QESBA and its co-applicants filed for an interlocutory injunction, or a stay, in May to suspend the application of Bill 40 — an Act to amend mainly the Education Act with regard to school organization and governance. They argued that the new model does not respect section 23 of the Canadian Charter of Rights and Freedoms to manage and control minority language educational institutions.

The Québec Superior Court said it found that the applicants had raised “very serious questions” pertaining to the Bill’s constitutionality. The court also said it found that the disappearance of English-language school boards constituted irreparable harm.

“We are very pleased with the decision today which has the effect of suspending the application of Bill 40 to English school boards pending a decision on the merits of the case,” wrote QESBA president Dan Lamoureux in a press release Aug. 10. “Given the very limited amount of time our boards have to organize school elections