Case information
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41838
Procureur Général du Québec v. Quebec English School Boards Association, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-02-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-08-06 | Notice of name, (Printed version due on 2025-08-13) | Quebec Community Groups Network (now known as TALQ) |
| 2025-08-05 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-08-07) | Quebec English School Boards Association |
| 2025-08-05 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-08-06) | Quebec English School Boards Association |
| 2025-08-05 | Notice of name, (Printed version filed on 2025-08-06) | Quebec English School Boards Association |
| 2025-08-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-08-07, (Printed version filed on 2025-08-06) | Quebec English School Boards Association |
| 2025-08-05 | Correspondence received from, Will not file a response and advising on new name, (Printed version due on 2025-08-12) | Quebec Community Groups Network (now known as TALQ) |
| 2025-07-02 | Certificate (on limitations to public access), Public access to information form | Chris Eustace |
| 2025-07-02 |
Intervener's memorandum of argument on application for leave, (Letter Form), Missing: -Signature (rec'd 2025-07-03), Completed on: 2025-07-03, (Printed version filed on 2025-07-09) |
Chris Eustace |
| 2025-06-04 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-05-30 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-06-03) | Procureur Général du Québec |
| 2025-05-30 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-06-03) | Procureur Général du Québec |
| 2025-05-30 | Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2025-05-30, (Printed version filed on 2025-06-03) | Procureur Général du Québec |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Procureur Général du Québec | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Quebec English School Boards Association | Respondent | Active |
| Leaster B. Pearson School Board, Adam Gordon, | Respondent | Active |
| Commission Scolaire New Frontiers, Shannon Keys | Respondent | Active |
| English Montreal School Board, Western Quebec School Board, Riverside School Board, Eastern Townships School Board, Sir Wilfrid Laurier School Board, | Respondent | Active |
| Eastern Shores School Board, Central Quebec School Board | Respondent | Active |
| Quebec Community Groups Network (now known as TALQ) | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Eustace, Chris | Intervener | Active |
Counsel
Party: Procureur Général du Québec
Counsel
Vicky Samsom
1, rue Notre-Dame Est, bureau 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51461
FAX: (514) 873-7074
Email: samuel.chayer@justice.gouv.qc.ca
Agent
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Quebec English School Boards Association
Counsel
Audrey Mayrand
Mark C. Power
50, rue O’Connor
bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5560
FAX: (613) 702-5560
Email: pravon@juristespower.ca
Agent
50 O’Connor Street
Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5566
Email: dbosse@powerlaw.ca
Party: English Montreal School Board, Western Quebec School Board, Riverside School Board, Eastern Townships School Board, Sir Wilfrid Laurier School Board,
Counsel
Audrey Mayrand
Mark C. Power
465 rue Saint-Jean
Bureau 800
Ottawa, Ontario
H2Y 2R6
Telephone: (613) 702-5560
Email: pravon@juristespower.ca
Agent
50 O’Connor Street
Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5566
Email: dbosse@powerlaw.ca
Party: Eastern Shores School Board, Central Quebec School Board
Counsel
Audrey Mayrand
Mark C. Power
465 rue Saint-Jean
Bureau 800
Ottawa, Ontario
H2Y 2R6
Telephone: (613) 702-5560
Email: pravon@juristespower.ca
Agent
50 O’Connor Street
Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5566
Email: dbosse@powerlaw.ca
Party: Quebec Community Groups Network (now known as TALQ)
Counsel
Logan Stack
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: msandilands@conwaylitigation.ca
Party: Commission Scolaire New Frontiers, Shannon Keys
Counsel
1000, rue De La Gauchetière
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-3156
FAX: (514) 954-1905
Email: jdarche@blg.com
Party: Leaster B. Pearson School Board, Adam Gordon,
Counsel
Audrey Mayrand
Mark C. Power
50, rue O’Connor
bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5560
FAX: (613) 702-5560
Email: pravon@juristespower.ca
Agent
50 O’Connor Street
Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5566
Email: dbosse@powerlaw.ca
Party: Eustace, Chris
This party is not represented by counsel.
Summary
Keywords
Constitutional law — Charter of Rights — Minority language educational rights — Bill replacing school board in province of Quebec with “school service centres” — Proposed amendments changing composition of board of directors of school service centres as well as process for appointing board members — Impact of amendments on exclusive power of rights holders under s. 23 of Canadian Charter of Rights and Freedoms to manage and control English language educational facilities in Quebec— Superior Court and Court of Appeal finding unjustified infringement of s. 23 — Whether Court of Appeal erred in holding that ss. 50, 52 (in respect of addition of s. 155 to Education Act), 66, 91, 93, 196, 208, 212 and 216 of Bill 40, ss. 155 and 473.1 of Education Act and s. 15 of Act respecting school elections unjustifiably infringe s. 23 of Charter — Canadian Charter of Rights and Freedoms, s. 23.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The respondents Quebec English School Boards Association, Lester B. Pearson School Board and Adam Gordon applied to the Superior Court for a declaration that ss. 50, 52, 66, 91, 93, 105, 142, 196, 208, 212, 216, 329 and 330 of the Act to amend mainly the Education Act with regard to school organization and governance (“Bill 40”) and s. 473.1 of the Education Act (“EA”) are inoperative with regard to them. In their view, these provisions infringe the minority language education rights conferred on them by s. 23 of the Canadian Charter of Rights and Freedoms. The bill is the one that replaced school boards with “school service centres”, both for the French language sector and for the English language sector. The trial judge declared ss. 50, 52 (in respect of the addition of s. 155 to the EA), 66, 91, 93, 196, 208, 212 and 216 of Bill 40, as well as ss. 155 and 473.1 of the EA, inoperative with regard to Quebec’s English language school boards. The Court of Appeal upheld the principal constitutional conclusions in the trial judgment.
Lower court rulings
Application for judicial review allowed in part;
Declarations made that
• ss. 50, 52 (in respect of addition of s. 155 to Education Act), 66, 91, 93, 196, 208, 212 and 216 of Act to amend mainly the Education Act with regard to school organization and governance and ss. 155 and 473.1 of Education Act infringe rights guaranteed under s. 23 of Canadian Charter of Rights and Freedoms;
• these infringements cannot be justified under s. 1 of Canadian Charter of Rights and Freedoms; and
• these sections are inoperative with regard to Quebec’s English language school boards.
Application concerning ss. 105, 142, 329 and 330 of Act to amend mainly the Education Act with regard to school organization and governance dismissed;
Declaration that s. 15 of Act respecting school elections to elect certain members of the boards of directors of English-language school service centres is inoperative suspended for period of 18 months from date of this judgment;
Suspension of application of Act and other statutory provisions ordered on August 10, 2020 extended until expiry of time limit for appealing this judgment;
Application of statutory provisions listed in schedule to this judgment suspended for period of six months from date of this judgment in relation to English language school boards or school service centres
Appeal allowed in part;
Paragraph 443 of trial judgment replaced with following:
[TRANSLATION]
• DECLARES that section 15 of the Act respecting school elections to elect certain members of the boards of directors of English language school service centres infringes the rights guaranteed by s. 23 of the Canadian Charter of Rights and Freedoms to the sole extent that it allows an individual who is not part of Quebec’s linguistic minority to vote in school elections within the English language school system; DECLARES this section inoperative solely to that extent; and SUSPENDS such declaration of inoperability for a period ending no later than 18 months after any proceedings to appeal this judgment have been exhausted;
Paragraph 445 of and schedule to trial judgment set aside and replaced with following:
[TRANSLATION]
• DECLARES that the following provisions of the Act to amend mainly the Education Act with regard to school organization and governance are inoperative with respect to Quebec’s English language school boards because they are inextricably linked to the sections listed in paragraph [439] of this judgment: ss. 3, 11(3), 51 (insofar as it repeals ss. 145 to 148 of the Education Act), 53, 54, 55, 56, 57, 65(1), 67(1), 67(2)(a), 67(2)(c), 69(1), 70, 71, 73(2), 76, 80(1)(c), 88(2), 92, 94, 98, 101(2), 115(2), 129, 137, 139 (insofar as it interferes with the provisions of s. 457.8 of the Education Act), 140(1), 191, 193, 194, 195, 197, 198, 199, 200, 201, 203, 204, 205, 207(2), 218, 222, 223, 224, 225, 226, 227, 228, 229(1)(b), 229(2), 230, 231, 232(1), 233(1), 234(1)(b), 235, 236(1), 242(1), 242(4), 242(5), 243(1), 244(1), 249, 251(1)(b)(ii), 254(1), 254(3), 255, 260, 261, 262(2), 263, 328(3), 328(4) and 335 (insofar as it provides for the coming into force of provisions that have been ruled inoperative);
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
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Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
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Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
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