English Montreal School Board to launch legal challenge against Quebec French-language law
Another group has announced it will launch a legal challenge against Quebec's controversial language reform law.
Bill 96 was passed in the provincial legislature earlier this week.
The English Montreal School Board (EMSB) announced late Thursday evening it has hired a legal firm to help it contest the validity of Bill 96, An Act Respecting French, the official and common language of Quebec.
"This bill affects us directly," said EMSB chairman Joe Ortona. "There are many provisions in this bill that violate our right to manage and control as a school board guaranteed by Section 23 of the charter... Any time that section 23 of the charter is threatened, I feel an obligation to defend those constitutional rights."
Section 23 of the Canadian Charter of Rights and Freedoms says that Canadian citizens have "the right to have their children receive primary and secondary school instruction in that language (English or French) in that province."
Not all members of the council of commissioners were on board with the idea, however, as some voiced their opposition during a meeting Thursday night, citing the costs associated with the legal fight.
The EMSB said in a news release that Bill 96 violates the constitutional rights of Quebecers.
"I wish to invite other anglophone institutions and any organization interested in basic human rights to join or support this legal proceeding," said board chair Joe Ortona in the release.
The office of the Minister Responsible for the French Language, Simon Jolin-Barette, who is also the minister of justice, said it has known about the EMSB's position for "a long time," adding a jab at the school board for denying the existence of the Quebec nation last year.
The board later revoked the statement.
Jolin-Barette's office repeated its opinion that the law does not adversely affect any Quebecers' rights.
"Protecting and promoting French in Quebec is not discriminatory," said Jolin-Barette's press secretary Elisabeth Gosselin. "We are committed to defending Quebec's Common Official Language Act, French, a fundamental law for Quebecers."
As the Quebec government passed the bill in a 78-29 vote Tuesday, a committee of high-profile Quebec lawyers also revealed it is preparing to launch a legal challenge that could land all the way at the United Nations.
In an interview with CTV News this week, constitutional lawyer Julius Grey called the new law "the most gratuitous use of power I've ever seen."
For Grey, the Canadian Charter of Rights and Freedoms "becomes a mere suggestion" with the ruling CAQ government's repeated use of the notwithstanding clause to shield Bill 96 — as well as Bill 21 — from constitutional challenges.
The federal justice minister, David Lametti, also said this week his government is prepared to get involved in challenging the bill. "We will be there to deliver our arguments," if the bill reaches the Supreme Court of Canada, Lametti said.
The Legault government has said the legislation is needed to protect and promote French, which he says is declining in Quebec.
The law has come under fire for, among other things, granting new powers for the province's language watchdog to conduct searches and seizures without a warrant, requiring new immigrants to communicate with the government only in French after living in Quebec for six months, and capping enrolment at English-language CEGEPs. There are also concerns, even among the legal community, surrounding access to health care in English under the provisions of the legislation.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6976926.1721883767!/httpImage/image.png_gen/derivatives/landscape_800/image.png)
LIVE UPDATES Critical infrastructure 'successfully protected': Jasper park officials
Jasper National Park officials in an update said all critical infrastructure in the townsite has been 'successfully protected, including the hospital, emergency services building, both elementary and junior/senior schools, activity centre and wastewater treatment plant.'
BREAKING Canadian Olympic Committee removes women's soccer team's head coach over drone scandal
The Canadian Olympic Committee has removed women's national soccer team head coach Bev Priestman over a drone scandal, according to a press release from the organization.
'I was just shocked': Jasper lodge owner on seeing property destroyed by wildfire
On Wednesday night, the owner of Maligne Lodge in Jasper, Alta., was shocked to receive a photo of her business engulfed in flames.
Prince William's 2023 salary revealed in new report
Newly released financial reports show that William, the Prince of Wales, drew a salary of $42.1 million last fiscal year, his first since inheriting the vast and lucrative Duchy of Cornwall.
Yukon woman narrowly escapes bear attack, credits hair clip
A woman in Yukon believes her hair clip helped save her during a bear attack.
P.E.I. and New Brunswick among most overworked provinces in Canada, study finds
A study says Prince Edward Island is the second most overworked province in Canada based on average weekly hours worked, while New Brunswick falls in third.
Mary-Ellen Turpel-Lafond likely has Indigenous DNA: report
The Law Society of British Columbia says a DNA test shows a former judge and Order of Canada recipient accused of falsely claiming to be Cree "most likely" has Indigenous heritage.
Alberta premier says a third, perhaps half, of all Jasper buildings destroyed by fire
Alberta Premier Danielle Smith says early reports indicate a third and perhaps up to half of all buildings in the historic Rocky Mountain resort town of Jasper have burned in a wildfire.
OPINION Prince Harry: Press intrusion and the family rift explored in new doc
Prince Harry, the Duke of Sussex, has once again found himself at the centre of media attention following his recent interview as part of 'Tabloids on Trial,' an ITV documentary on phone hacking and tabloid intrusion.