Who will challenge the status quo?



Who will challenge the status quo?

Who will challenge the status quo?

Published on January 10th, 2007
Published on Febuary 6th, 2010
 

For those who despair of the educational discrimination against Canadian citizens brought about by Bill 101, it may come as a surprise that the law has never been fundamentally challenged in Canada’s Supreme Court. It could, and should be. The question is, who will underwrite such a challenge?

Topics :
Alliance Quebec , Quebec English Schools Boards Association , Quebec Federation of Home and Schools Associations , Quebec City , Mali , Mongolia

Certainly not Alliance Quebec (AQ) that sprung up shortly after the law was formulated. It was an organization funded by the federal government. Initially, led by such notables as Alec Paterson, it decided not to demand freedom of choice, but to ‘build bridges’ to the francophone

community.

Almost 30 years later Paterson now advocates sharing English schools and prefers not to speak about the language legislation that has decimated the English system.

Interestingly, at one time more militant- minded individuals took over AQ and began to initiate legal action. The federal government slashed its funding and starved it of its source of revenue the organization became defunct. No doubt its demise prevented any potential embarrassing legal issues for either level of government. I doubt a reduction of funds to francophones outside Quebec ever occurred.

Another group that should be supportive of a legal challenge is the teachers’ union. Based on its past inactions, it will not. Just after the law had passed, the provincial union solemnly proclaimed its belief in the freedom of choice, but, alas taking a cue from the initial AQ position it determined that it was not ‘the right time’ to undertake any action to support that belief.

The union’s political emasculation was best illustrated when it decided not to take a stance in the last referendum, spinelessly stating that to do so would be ‘divisive.’ As many of the old guard still linger, they are engaged in the more comfortable politically-correct campaigns dealing with issues in countries from Mali to Mongolia, but studiously avoiding events unfolding in Montreal. That is too close to home.

The political representatives for the anglophone community are unfortunately irrelevant. There is no political mileage to be gained by supporting Quebec’s anglophones at either the provincial or federal levels. Those politicians will continue to stay on as tokens.

In fact, English Quebec is the Rodney Dangerfield of minorities both in Quebec and Canada. Its voting pattern is pretty much taken for granted, and its representatives too insufficient in number or influence to sway any legislation.

The support for a legal challenge could come from the Quebec English Schools Boards Association (QESBA) The amount of money involved proportionate to their budget, would be miniscule, but the rewards could be significant. Do not let them say they do not have the funds. Let us not forget that QESBA’s predecessor, the Protestant boards association, saw its executive director jailed when he embezzled hundreds of thousands of dollars of their funds.

Although that smacks of both incompetence as well as gross dishonesty, it also indicates the level of revenue that was available to the school boards. If they presently have monies for publicity campaigns, travel to foreign countries, and running an annual convention in Quebec City, then one can conclude that there are funds available for a legal fight. Sadly, I wonder if they have the stomach for that. There was an effort launched by the Quebec Federation of Home and Schools Associations many years back. Judge Jules Deschenes of the Quebec Superior court ruled that their case had sufficient merit to be heard.

Unfortunately, the federal government that had initially supported the association then withdrew from funding it. Unable to raise sufficient cash, the case died. Since that time, Bill 101 has changed; it is now more stringent, and the constitution has been repatriated, hence those original arguments would need to significantly overhauled

Although it is true that education is a provincial matter, the Manitoba School Act, which discriminated against francophones, was overturned by federal action within six years, however, a repeat of that kind of intervention is highly unlikely. There appears to be little political will to slow or end the inexorable decline in the English school population, so regrettably the only avenue open would be through the courts. School commissioners are you listening?

Comments

  • Username
    Wendy Cosper
    - February 10th, 2010 at 11:46:30

    I would like to see something done about this bill 101 law! I moved to the Gaspe last June from Michigan USA. What a shock I had when I was told my 12 year old son was not allowed to go to an English school. As far as I was and still am concerned this is discrimination in it's highest form. I believe the United Nations should be involved in the matter. I felt on all my visits here that all the French was wonderful and romantic. Now that I am living here and see that the English have no rights at all, and French is shoved down your throat every which way you turn, I am a very disgruntled person to say the least. I even had the chance to have a run in with a French lady who is the secretary of the representative for our county. We were talking about the school issue when she said that the law was inforced to protect the French Heritage. I asked her, protect it from what, me? I told her this whole area was my heritage, right where I am now living was settled by my ancestors in the late 1700's. I asked her who was going to protect my heritage?? She had no comment. It seems no one knows that English people even exist on the Gaspe. The mail and flyers we receive even from the Prime Minister Mr. Harper, are in French only. We can't even get a yellow page phone book in English as Telus says there are not enough English to make it worth publishing. How sad! I have opened a Bed & Breakfast and am dealing with the Gaspe Tourist Bureau. Wow, do they think there are only French people that want to see this beautiful peninsula? They can only send me my needed information even to register with them, in French. Oh my enough said, as I could go on and on. Yes the school issue is the most important of all!!! Please lets see what we can do! Thank you, Wendy Cosper

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