The Supreme Court of Canada has struck down a law that closed the door on English schools for many Quebec students.
The court weighed in Thursday on a seven-year battle fought by 25 families against Bill 104, an amendment which in 2002 closed a loophole in Bill 101 that enabled students new to Quebec to gain the right to attend English schools.
The loophole meant students were able to switch to English public school after attending English private schools for one year. Bill 101 traditionally requires that the majority of children entering Quebec study in French.
The court has given the province one year to come up with an acceptable compromise to the law, which was originally struck down by the provincial appeals court two years ago.
Parents' lawyer Brent Tyler said they're willing to work with the government to find a compromise.
"We're offering to the Minister of Education and Attorney General of Quebec to sit down with us and we will help you draft legislation that we will not contest. Otherwise we will contest it and we will see you again in seven years," he said.
Lawyers representing the families argued the Quebec government was violating immigrants' constitutional rights by denying them access to English-language schools.
The Quebec Court of Appeals ruled in 2007 that Bill 104 did not uphold the Canadian Charter of Rights and Freedoms, but the Quebec government appealed that decision.
The Supreme Court of Canada Thursday threw out two appeals by the Quebec government, calling Bill 104 `excessive.'
The decision could inflame language tensions in the province, but the Debbie Horrocks, president of the Quebec English School Boalds Association, said she hopes it does not.
"We're not looking at it that way. We see it as an opportunity. We're not the enemy in this discussion; we see ourselves as part of the solution," said Horrocks.
Depspite the fact that the law will be re-written next year, the ruling comes as good news to Audrey Smith, whose oldest son, Kevin, fell victim to the loophole.
Smith said after struggling with French after switching due to Bill 104, her son had to repeat a year and eventually dropped out in Grade 9. Kevin has now earned his high school diploma and looks forward to attending CEGEP, but Smith said the challenges he faced ould have been prevented.
"What is important is that your child gets an education to the maximum of his ability, that he can optimize his learning ability. If it becomes a struggle for him, because of a language, why can't he have the option to study in the language that will enable him?" said Smith.
With files from The Canadian Press
