Promoting English Education Rights
Both pieces of legislation seek to increase centralized government control of elementary and secondary education in Quebec. Bill 40, adopted in 2020, attempted to abolish school boards and replace them with government-established and run service centres. While it has managed to do that on the French side, a court judgement following a challenge by English school boards and others determined in 2023 that Bill 40 does indeed violate constitutional guarantees giving the English-speaking community control over its own education system. The Quebec government is appealing that ruling and the QCGN is an intervenor in the case. For the time being, English school boards continue to exist and manage the English-language school system in Quebec.
A good chunk of Bill 23, which was passed in 2023, has been suspended as far as the English-speaking community is concerned, pending the outcome of the Bill 40 appeal. Most notably, Bill 23 includes clauses that give the government the power to name the directors-general of service centres, annul and replace decisions by these centres, and require the centres to produce annual management agreements. These changes are not in force on English school boards until Bill 40’s constitutionality is resolved.