Quebec is heading to the Supreme Court of Canada to challenge a ruling that deemed its school board reform legislation unconstitutional. The province’s justice minister confirmed on Friday that they will seek leave to appeal an April decision from the Quebec Court of Appeal.

This appeal follows an August 2023 Quebec Superior Court decision that found Bill 40, the law abolishing elected school boards, violates the English-language minority education rights enshrined in Section 23 of the Canadian Charter of Rights and Freedoms. The original ruling held that the changes infringed upon the rights of English-speaking students.

Bill 40, passed in February 2020, significantly altered the governance structure of French-language schools in Quebec. Elected school boards were replaced with government-appointed service centres, prompting legal challenges that ultimately led to the current appeal to the nation’s highest court.

The Supreme Court will now decide whether to hear the case, setting the stage for a potentially landmark ruling on provincial jurisdiction and minority language rights in education.