LibertasPost

Some conservative commentators are celebrating a recent court judgment against Quebec’s strict education laws.

However, those committed to the ideals of limited government should rethink this enthusiasm based on conservative grounds.

Here’s the background to the court ruling.

Quebec had set strict criteria for those enrolling children in English schools. They had to demonstrate their children received English instruction in another province to qualify. Newcomers from abroad had little choice as they would be diverted into the French language system.

Parents, however, discovered a loophole. Those who could afford it, could send their kids to English private schools for a short period of time, and then switch to the English public system.

The Quebec government reacted by passing legislation to close this loophole. The parents reacted to that by challenging the legislation in the courts.

Eventually, the parents won. The Supreme Court recently decided to strike down as unconstitutional the loophole closing law.

That ruling has angered many Quebecers who argue the law’s purpose was to ensure the survival and dominance of the French language in Quebec within a majority Francophone province.

Some conservative thinkers, on the other hand, applauded the ruling. They say Quebec’s education laws infringe on individual rights or even human rights. Shouldn’t anyone be allowed to attend the school of their choice?

However, within Canada’s limited government tradition, individual rights are not the only principles. Federalism and respect for the constitutional division of powers is paramount within our liberty tradition. This includes devolved governance and a belief that government closest to the people is best able to govern.

Many view these as conservative values. Don’t they also apply to Quebec? Should not the Quebec government have the right to sey its own educational policies?

Indeed in making their ruling the Supreme Court justices displayed a shocking lack of deference towards Quebec lawmakers. Some might even call it a case of “judicial activism” something freedom lovers also oppose, but some apparently don’t mind when it means sticking it to Quebec nationalists.

Let’s not forget that as conservatives, we have traditionally stood for the right of cultural community to exist.

Under the British North America Act, provinces have jurisdiction over education and culture. It was Quebec influence that ensured education remained within local hands, as Sir John A. MacDonald preferred a legislative union which would have granted the central government much more power.

Fearful of the American Civil War, MacDonald was worried about regionalism.

Limited government advocates clamour for respecting the constitutional division of powers when it comes to things like health care, property rights or natural resources, but when it comes to education rights, especially for Quebec, it does not apply.

Of course, as freedom lovers we should not support giving any government unlimited control. And, thankfully, our constitution mandates minority language rights. As someone who has lived in Quebec, I find the “oppressed Anglophone minority” narrative unconvincing.

The image of Quebec is a media-created one of “language police” zealots. Yes, there are cases of excess, but these are few and far between. Most of the work to protect the French language is much less exciting. Only the most extreme cases make newspaper coverage.

The reality is Quebec maintains an extensive network of Anglophone school boards and hospitals. Quebec has three Anglophone universities. I attended McGill, which has an excellent reputation.

In Montreal, boroughs with Anglophones have linguistic rights. Montreal produces one of the most widely read newspapers which is the English-language Montreal Gazette.

Now, look at the rest of Canada, and notice the Francophone schools, hospitals, universities, newspapers. Not so common. In Ottawa, having one exclusively Francophone hospital brought out all the “kick out Quebec” types in droves.

Yes, there are zealots in Quebec. There are bigots who wish Anglophones would leave permanently.
But, that is not the issue. The issue is whether Quebec can set legislation on education and culture as it wishes, within parameters of minority rights.

The Supreme Court has validated Quebec’s authority on many occasions and has given Quebec legislators strict limits on what they can do.

Within our constitution, no province can mandate a unilingual society.

Limited government people need to realize that and become consistent in their principles.