EMSB injunction to cease switch of two faculties to French-language board rejected in courtroom

The injunction filed by the English Montreal School Board (EMSB) to cease the switch of two of its faculties to French-language board, Fee scolaire de la Pointe-de-l’Île (CSPI), was rejected by Superior Courtroom Decide Dominique Poulin.

READ MORE: ‘C’est triste, mais voilà’ Quebec education minister states as 3 EMSB schools to be given to French board

“This denial of the stay/injunction is in no way an indication of the validity and substance of our case as a minority English-language community,” said Angela Mancini, EMSB chairperson, including that the information was “disappointing.”

“We have constitutional rights. And as such, we are considering all legal options available to us.”

For an injunction to be permitted, it should fulfill 4 standards: it have to be pressing, there have to be a critical authorized query, there have to be critical prejudice or irreparable loss, and the stability of inconvenience on either side have to be weighed.

The choose dominated on two factors for the EMSB and two for the CSPI.

WATCH BELOW: Quebec’s schooling minister​ explains his choice to switch two faculties from the EMSB to the French system​

“While the court found that the EMSB raised a serious question based on s. 23 of the Canadian Charter, and was satisfied that the EMSB would suffer serious harm if the stay was not granted, it ultimately found that the balance of inconvenienced weight in favour of the CSPI,” the EMSB wrote in an announcement.

The Quebec Training Ministry stated it welcomes the choice.

READ MORE: Montreal students, parents hold rally in east end to save EMSB schools

“Our government has made the difficult, but necessary decision to order the transfer in consideration of the best interests of all students in Quebec,” the minister’s press attaché Francis Bouchard instructed International Information.

“In mild of this judgment, we’re calling on the English Montreal Faculty Board to provoke the executive course of to switch the colleges. All college students, whether or not anglophone or francophone, are entitled to high quality schooling.”

WATCH BELOW: Mother and father react to EMSB faculty closures

When it was filed, the injunction said “the government failed to properly consult the English-speaking community, failed to consider the English-speaking community’s exclusive right to management and control of its educational facilities.”

Mancini described the injunction as the varsity board’s final choice to save lots of each faculties.

“We have a constitutional right to manage and control our education system including our facilities, which the government is ignoring,” she argued.

“The time has come to adopt an approach that respects our constitutional rights while working to meet the needs of all students in the east end, regardless of their linguistic background.”

READ MORE: English Montreal School Board votes to launch Major School Change consultation

Geoffrey Chambers, president of the Quebec Neighborhood Teams Community, stated he “hoped and expected” the EMSB will pursue the case.

“This is not the last batch of kids that are going to face this,” Chambers stated in an interview. “And if we don’t establish what the limit of the government rights of intervention are, these problems are just going to continue.”

Earlier this month, dad and mom of scholars who attend Basic Vanier Elementary Faculty and John Paul I Junior Excessive Faculty discovered their youngsters could be moved to new buildings within the fall.

Gerald McShane Elementary Faculty, which beforehand risked being transferred, was spared.

Quebec Training Minister Jean-François Roberge outlined his ultimate choice in a letter to oldsters, saying the federal government needed to make a tough choice.

READ MORE: English Montreal School Board won’t rule out legal action amid forced school transfers

The EMSB stated it plans to maneuver employees and college students from John Paul I Junior Excessive Faculty to Laurier McDonald Excessive Faculty in Montreal’s Saint-Léonard borough.

The board additionally proposes shifting employees and college students from Basic Vanier Elementary to Pierre de Coubertin Elementary.

Mother and father have insisted they most popular their youngsters to go to Dante Elementary as a result of it’s nearer to them, however the EMSB says it isn’t large enough to carry all the additional college students.

WATCH: Swift response over information of which EMSB faculties to be transferred to Fee Scolaire Pointe de L’ile board

The talk over which faculties could be transferred to the French-language faculty board has dragged on for months.

It began after a letter from the minister said that “the CSPI expressed a need for additional space, notably due to the impacts of the government’s new policy establishing kindergarten programs for four-year-olds.”

WATCH: (June 21, 2019) Montreal police referred to as to EMSB assembly

The EMSB pushed for a cohabitation mannequin with its severely overcrowded French counterpart — one thing each the province and the CSPI repeatedly rejected, saying the French board wants about 3,000 spots.

Roberge insisted cohabitation was a short-term resolution, however sharing buildings would impede new immigrants from studying French.

— with information from International Information’ Kalina Laframboise and Gloria Henriquez and The Canadian Press

© 2019 International Information, a division of Corus Leisure Inc.

Source link

Rachel Lau

Comment here