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EMSB plans to appeal the Bill 21 ruling to the Supreme Court

The Montreal English School Board (EMSB) is appealing to the Supreme Court of Canada, citing its legal challenge to Bill 21.

During a special panel meeting Wednesday night, commissioners voted in favor of asking the Supreme Court of Canada to rule on the province's secularism law after the Quebec Court of Appeal. 21 ruled that the bill was constitutional On February 29, the decision overturned a lower court ruling that exempted English school boards from the law.

The 2019 law declares the province a secular state and includes a provision banning public sector workers, including teachers, judges and police officers, from wearing religious symbols at work.

At the EMSB meeting, 12 commission members supported the appeal to the Supreme Court, one against, and one abstained.

Michael Cohen is a spokesperson for EMSB.

According to him, they have been fighting this law for several years.

“We are very satisfied with the decision of the appellate court. We have a feeling we have a very strong case to win in the Supreme Court of Canada.”

English Montreal School Board Building, April 9, 2024. (Martin Daigle, CityNews)

In a press release, the EMSB objected to Bill 21's provisions on the grounds that they “violate the rights of minorities to education in a minority language under section 23 of the Canadian Charter of Rights and Freedoms, as well as gender equality protected under section 28 of the Charter.” .”

“We stand, I think the board of the English Montreal school stands for all Quebecers and it doesn't matter,” Cohen said. “We're not even talking about people, it's not a language issue, it's a culture issue. We stand with all Canadians for something like this.”

EMSB previously successfully argued before the Quebec Supreme Court that Bill 21 violated section 23's right of command and control, which was overturned on appeal by preventing English-language school boards from hiring teachers wearing religious symbols.

“We maintain our original position on the 21 draft law goes against our values ​​and mission and the values ​​of all Quebecers as expressed in the Quebec Charter of Human Rights and Freedoms,” EMSB Chair Joe Ortona said in a press release. “Its adoption was contrary to our public purpose of promoting peaceful coexistence in a pluralistic Quebec.”

“This legislation prohibits our future elementary and middle school teachers, principals, and vice principals from wearing religious symbols while performing their duties, while limiting the career advancement of our current employees,” Ortona said. “This prevents EMSB from recruiting teachers, including French teachers, in the face of a teacher shortage. More importantly, it sends a message of intolerance and exclusion to our students and their families.”

Cohen explained how they are seen as leaders in the learning community.

“I don't think we're alone, but I think we're seen as leaders, not only in the education community, but in society at large,” he said. “I think it's a matter of right, and our school board has been warned not only to fight Bill 21, but Bill 96, of course all school boards have fought Bill 40. Therefore, we have such a right. We're still school councils, and I think people appreciate our booth.”

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