Changes to governance in N.B. schools possible language landmine

The Higgs government is wading into reforms that could lead to two different models of education governance for anglophone and francophone schools in the province. 

And if that happens, it will be vital that the province explain why the two systems are required, according to one expert.

The government is looking at overhauling district education councils, the elected bodies that oversee schools in seven districts of the province. 

But it may be required to keep a more democratic or elected structure for francophone schools to comply with the Charter of Rights and Freedoms, even if it doesn't do so for the anglophone school system.

"There is always work and communication to be done by the provincial government whenever you put in place some sort of asymmetry, and this is going to be no different," says political scientist Stephanie Chouinard, who studies language rights.

Section 23 of the Charter says the French or English minority in each province of Canada have the right to have their children educated in their language. 

Court rulings over the years have defined that right to include the minority-language community having "management and control" of schools, including "exclusive control" over aspects of education dealing with language and culture.

"It's very fragile and that's why we have to be able to have a say in what's going on in our institutions," said Francophone South district education council chair Michel Côté.

DEC members have been buzzing in recent weeks about the possible replacement of councils and parent school support committees with new structures that could have fewer elected members and fewer parent representatives.

In his 2019 green paper on education reform, Education and Early Childhood Development Minister Dominic Cardy said there was "widespread confusion" over how schools are administered and he'd be "empowering school governance" via a review of DECs.

Chantal Varin, president of the provincial association of francophone parents, says her group will meet with department officials next week to find out more about the proposed changes.

Côté said at his last meeting with officials in early February, the proposed model sounded "like a system that wouldn't be well-representing parents, and the community wouldn't be too involved."

Anglophone West DEC chair Thomas Geburt said he was told at a more recent meeting that the francophone system would likely have "an elected district accountability council" different than what the anglophone system would have, to comply with the Charter.

"You look at that and you say 'hmm,' but that's a real rabbit hole to go down that I'm not knowledgeable enough about," said Geburt.

He said a more democratic model for francophone schools may provoke concerns among some anglophone parents.

"You will have two different organizations. … It will certainly cause people to question things." 

When Nova Scotia dissolved its school boards into a single provincial advisory council, it kept a francophone board in place. 

Quebec's attempt to eliminate its boards was stymied when English school boards challenged it in court, citing Section 23.

New Brunswick Department of Education spokesperson Danielle Elliot said in a statement that the province understands its obligations under the Charter, including the need for educational governance 

"This is one of the principles guiding the initiative. This includes ensuring a measure of management and control … to comply with the rights of minority language parents in the delivery of education to their children," she said.

Chouinard says if a different, more democratic structure is set up for francophone schools because of the Charter, the Higgs government will need to explain it clearly to avoid a backlash.

"If the provincial government is taking its cues from precedents, that's the right way to go, but there will be a need for some explanation and communication of the reasons why that is," she said. 

Elliot said no decisions have been made on the reforms and the government will announce its preferred option by the end of spring.