Quebec Community

Groups Network
We acknowledge the support of the
Government of Canada
Nous reconnaissons l’appui du
gouvernement du Canada

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 Outline

1. What is Bill 96?

2. How does Bill 96 affect health and social services?
3. How does Bill 96 affect education?
4. What is being done; What can we/I do?
5. Discussion (Q&A)

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 WHAT IS THE QCGN
• Founded in 1995, the Quebec Community Groups Network (QCGN) is a
not-for-profit organization linking more than 50 English-language
community organizations across Quebec.

• As a centre of evidence-based expertise and collective action, the QCGN

identifies, explores and addresses strategic issues affecting the
development and vitality of the English-speaking community of Quebec
and encourages dialogue and collaboration among its member
organizations, individuals, community groups, institutions and leaders.

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 WHAT QCGN DOES
ADVOCACY COMMUNITY
• Assists governments to • Identifies development
develop policies and issues and priorities for
programs that support action
the development of • Promotes attachment to
English-speaking Quebec the institutions of our
• Ensures the voice of our community
community as a • Encourages English-
“national” linguistic speaking Quebecers to
minority in Canada participate in public
dialogues around critical
societal issues
NETWORK
• Develops expertise to
effectively address issues
affecting the vitality of
the community
• Shares knowledge and
information
• Recruits members from
areas and sectors not
currently represented
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 1. What is Bill 96?

Bill 96 - An Act respecting French, the official and common

language of Québec
• Access to justice Public sector, services, health & social services
• Municipal services
• Professional orders
• Education
• Private sector
• Constitutional issues (notwithstanding clause and constitutional amendment);
• Full presentation on Bill 96: https://www.youtube.com/watch?v=LM9BRbRObU0&t=19s
What is the effect of Bill 96 on the vitality of the English community?
As parents, how will Bill 96 impact your children and their future success in
Quebec?
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Adverse Impacts on English-speaking Quebecers

• Restrictions on access to public services in English;

• Decreased access to justice in English;
• Decreased access to primary and secondary education
in English for children temporarily in Quebec;
• Restrictions on admissions to English-language
CEGEPs; and,
• Decreased municipal services in English.

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 2. Bill 96 and Health and Social Services
• Bill 96 protects the right to receive health services and social services in the English
language (Act respecting health services and social services, s. 15).
• However, this right is narrow and is dependent on access plans, which in turn depend
on access committees, which by updated regulation are effectively creatures of the
Minister.
• Restrictions in other areas may indirectly affect the ability to obtain health and social
services in English, particularly for services not protected by s. 15:
• French-language obligations apply to internal management and operations
• Constrained hiring practices may reduce capacity to provide services in English
• For health and social services not protected by s. 15, English speakers may have to
rely on other exemptions to obtain services in English (notably, for those eligible to
receive education in English, or for newcomers during the first six months after
arrival).

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 3. Bill 96 and Education
Primary and Secondary
• Access to primary and secondary education in English is currently
restricted to eligible rightsholders. However, there are exemptions for
children temporarily in Quebec.
• Bill 96 limits these temporary exemptions to three years, with no
possibility of renewal.
• Does not appear to affect dependents of Canadian military personnel

• English-language schools (and school boards) may still communicate

with parents in English.
• They may however have new obligations to communicate between
themselves, and with contractors in the official language.

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 3. Bill 96 and Education
CEGEP
• English school rightsholders studying in English-language CEGEPs no longer allowed to
obtain their Diplôme d'études collégiales (DEC) unless they:
• Complete 2 French language-learning courses and 3 courses in their program taught
in French; or
• Complete 5 French language-learning courses.
• These 3 additional courses do not include physical education courses taught in
French. (Clause 60, ss. 88.0.2, 88.0.12(2) CFL)

• English-language CEGEPs are no longer allowed to increase their enrollment rates from
one school year to the next (creating a "freeze" on available spots).
• Enrollment is capped at 17.5% of total francophone and anglophone enrollment in
all CEGEPs.
• If enrollment drops below 17.5%, that lower percentage becomes the new
maximum for the following school year. (Clause 60, s. 88.0.5 CFL)
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 3. Bill 96 and Education
CEGEP
• Concerns over student success:
• Additional French-language courses may impact students' grades and course
selection, which may prove detrimental in university admissions.
• Long-term viability of regional CEGEPs may be further threatened:
• Unclear how the 17.5% cap will be allocated across CEGEPs.
• Caps may reduce the number of programs offered.
• Concerns over attractiveness of programs:
• Applied research activities cannot be offered in English without prior
Ministry authorization. (Clause 60, s. 88.0.15 CFL)
• Concerns about implementation of admissions prioritizations:
• Restrictions on number of non-right holders allowed to attend English CEGEPs.
• Admission priority for English-language education rightsholders.

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 4. What Can We Do?
• S. 23 Minority Language Educational Rights still apply.
• Minority Language Education Rights protect:
• expenditures of funds provided for such instruction and facilities;
• appointment and direction of those responsible for the administration of such
instruction and facilities;
• establishment of programs of instruction;
• recruitment and assignment of teachers and other personnel; and
• making of agreements for education and services for minority language pupils.
• If you believe that your s. 23 rights may have been impacted by the Charter of
the French Language:
• Communicate with your school board;
• This is a legal question requiring the opinion of counsel.

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 4. What Can We Do?
• Engage!
• Sign open letters
• Follow, join or start court challenges
• Advocate with your peers, representatives

Photo: Globe & Mail, 14 May 2022

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 4. What Can We Do?
Court challenges
• Bill 21
• Launched in 2019 by several parties including EMSB. Appeal pending.

• Bill 40
• Launched in 2020 by Quebec English School Boards Association. Stay in place. Trial
judgment pending.

• Bill 96
• See next slide. First one launched May 2022.

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 4. What Can We Do?
Ongoing Litigation
(1) Ortona contestation
• Initiated by EMSB.
• Scope of proceedings:
• Prevalence of French version of
legislation
• English-language pleadings and/or
judgments must have French
translations
• Selection procedure for judges and
other adjudicative roles
• Amendments to the Constitution Act,
1867
• Use of French by English-language
school districts
• Status: No advancement.
(2) Ravinsky contestation (Grey Casgrain)
• Initiated by two lawyer plaintiffs and a
professor.
• Scope of proceedings:
• Use of the notwithstanding clause
• OQLF search and seizure powers
• Prevalence of French version of
legislation
• English-language pleadings and/or
judgments must have French
translations
• Selection procedure for judges and
other adjudicative roles
• Amendments to the Constitution
• Status: No advancement.
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 4. What Can We Do?
Ongoing Litigation
(3) Mitchell contestation
• Filed by six individual lawyer plaintiffs
and one legal person.
• Scope of proceedings:
• English-language pleadings and/or
judgments must have French
translations
• Status: Stay granted, no appeal. No
further timeline.
(4) CMQ contestation
• Initiated by the chief justice of the Court
of Quebec.
• Scope of proceedings:
• Selection procedure for judges and
other adjudicative roles
• Status: Stay granted, appeal period
pending. No further timeline.

[Pending] (5) Côte St. Luc

• Expected scope of proceedings:
• Provisions relating to municipalities
• Status: Not yet filed.
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5. Q&A

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