Montreal, Wednesday, March 25, 2026 – The Quebec English School Boards Association (QESBA) presented its intervention on Bill 21, An Act respecting the laicity of the State, before the Supreme Court of Canada in Ottawa today.
The English Montreal School Board (EMSB) challenged Bill 21, which came into force in July 2019 and prohibits public school teachers from wearing religious symbols while at work. The EMSB argued that the provisions affecting education infringe Section 23 of the Canadian Charter, which guarantees the English-speaking minority the constitutional right to manage and control its education system. In 2021, the Quebec Superior Court ruled in favour of the EMSB on the merits of its case; however, the Quebec government appealed the decision, and the Quebec Court of Appeal later overturned that ruling.
In 2021, QESBA representing all nine English-language school boards in Quebec, intervened at the appeal stage and is now before the Supreme Court of Canada alongside the EMSB, seeking a rightful exemption from the application of Bill 21.
“Section 23 was included in the Charter of Rights and Freedoms to protect and preserve minority language educational institutions. It clearly affirms the right of minority language communities to manage and control their schools, including the authority to hire qualified personnel regardless of religious expression. We maintain that Bill 21 infringes on those rights,” said QESBA President and Chair of the EMSB, Joe Ortona.
Key arguments presented:
- Section 23 of the Charter is critical to protecting the rights of the English-speaking minority in Quebec
- Supreme Court jurisprudence supports a broad interpretation of minority community management and control under Section 23
- If a breach of Section 23 is found, a stringent standard must be met to justify it under Section 1 of the Canadian Charter
“Bill 21 is a divisive piece of legislation that fosters discrimination. The government continues to claim there is a problem that our schools have never experienced. Quebec’s English public schools have a long and proud tradition of inclusion, celebrating the many ways of being Quebecers and Canadians. Through ongoing collaboration between school boards, school communities, parents, and teacher associations, our English network hasconsistently found constructive ways to strike a positive balance between religious diversity and shared values,” concluded the President.
QESBA is the voice of English public education in Québec, representing approximately 100,000 students in more than 300 elementary and secondary schools, as well as adult education and vocational training centres across the province.
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