English Montreal School Board Files Lawsuit Against Bill 94

The English Montreal School Board (EMSB) has initiated a legal challenge against the Quebec government, alleging that recent legislation violates the rights of the province’s minority language community. The lawsuit targets provisions in Bill 94, which was enacted on October 30, 2025. This legislation modifies the governance structure of the two English-language school boards on the Island of Montreal, namely the EMSB and the Lester B. Pearson School Board (LBPSB).

According to the lawsuit filed in Quebec Superior Court last month, Bill 94 replaces elected commissioners on the tax management committee with the director general of the school board. The EMSB argues that this change infringes on section 23 of the Charter of Rights and Freedoms, which ensures that minority language communities maintain a level of management and control over their educational facilities.

In the legal documents, the EMSB states, “The Government was reckless or willfully blind” regarding the unconstitutionality of Bill 94’s provisions that undermine these rights. The board claims it attempted to address its concerns directly with Education Minister Sonia LeBel, requesting a meeting in October 2025, but received no response. Additionally, a joint letter from both the EMSB and LBPSB, sent on December 4, 2025, also went unanswered.

School taxes constitute approximately 17 percent of the EMSB’s revenue for the 2025-2026 school year, amounting to around $73 million. Of this revenue, about $6 million is designated for school transportation. The remaining funds support various operational costs, including administrative salaries, adult education expenses, and building maintenance.

EMSB Leverages Previous Legal Victory

The EMSB references a significant legal victory in April 2025, where Quebec’s Court of Appeal ruled that portions of Bill 40 were unconstitutional. This previous ruling deemed that the legislation’s attempts to replace English school boards with school service centers violated section 23 rights, allowing non-minority individuals to participate in school board elections.

The EMSB notes, “In the Bill 40 case, the Court of Appeal of Quebec confirmed the minority language community’s right to choose its representatives as well as its right to management and control over the allocation of funding.” The Court’s decision invalidated provisions that replaced the elected chair with the director general, recognizing that such changes compromised the representative nature of the position.

In the current lawsuit against Bill 94, the EMSB is seeking a court declaration that three specific sections infringe on Charter rights and should not apply to English-language school boards. Furthermore, the board is asking for $250,000 in compensatory and punitive damages, along with interest.

A spokesperson for Minister LeBel, Marylène Le Houillier, stated that her office would not comment on the ongoing legal proceedings, as the matter is currently before the courts. The outcome of this lawsuit could have significant implications for the governance and funding of English-language education in Quebec, particularly as the province grapples with its linguistic and cultural identity.