The English Montreal School Board (EMSB) has launched its fifth constitutional challenge against the Quebec government, this time targeting legislation that altered the governance of the committee responsible for managing school tax revenue on the island of Montreal.
A Constitutional Clash Over Control
In a lawsuit filed with the Quebec Superior Court, the EMSB argues that Bill 94, passed by the Coalition Avenir Québec government in October 2025, violates the rights of the anglophone community. The law changed the composition of the Comité de gestion de la taxe scolaire de l’île de Montréal (CGTSIM), replacing elected school board commissioners with appointed directors general.
"The government of Premier François Legault just doesn't respect that the English-speaking community has elected representatives and those people are supposed to have a seat at the table when it comes to decision-making," said EMSB Chair Joe Ortona. Ortona, who previously represented the board on the committee, stated that appointed employees are not accountable to the community in the same way.
"Reckless or Wilfully Blind": The Legal Argument
The EMSB's 14-page legal filing leans heavily on Section 23 of the Canadian Charter of Rights and Freedoms, which guarantees minority language education rights. The board contends this section ensures the community's right to "management and control," including over financial decisions, exercised through its elected commissioners.
The lawsuit points to a 2025 Quebec Court of Appeal decision on Bill 40—which sought to abolish school boards—as a precedent. That ruling confirmed the minority's right to choose its representatives. The EMSB alleges the government was "reckless or wilfully blind" to the unconstitutionality of Bill 94, given the clear similarities to the already-challenged Bill 40.
"We're reaching a point where this government is wilfully disregarding the decisions of the courts and just implementing their agenda irrespective of what the courts have already said," Ortona asserted. The board is seeking $250,000 in punitive damages to send a message against operating in "bad faith."
Broader Implications and Pending Battles
The changes mean that five of the committee's seven members are now appointed by the Quebec government, which the EMSB argues destroys the body's independence. The CGTSIM itself formally opposed the changes in October 2025, calling them a government takeover that weakens anglophone representation. The Lester B. Pearson School Board also opposes the move.
This lawsuit adds to a growing list of legal battles between the EMSB and the provincial government. The board is currently involved in four other constitutional challenges concerning:
- Bill 21 (secularism): A Supreme Court of Canada hearing is set for March 2026.
- Bill 40 (school boards): The government has appealed to the Supreme Court.
- Bill 96 (language): A hearing is pending.
- School funding restrictions for the 2025-26 year, filed jointly with eight other English boards in August 2025.
The Gazette contacted the Education Ministry and the office of Education Minister Sonia LeBel for comment but received no response. The outcome of this case could have significant ramifications for the autonomy of Quebec's English-language education system and the provincial government's approach to minority rights.
