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Moving to the unconstitutional education situation in Quebec, Articles 12, 75 and 79 of Bill 101 are a direct constitu-tional challenge to Section 93 of the B.N.A. Act. (See Appendix 11 Indeed, despite a Supreme Court of Canada decision in tle 1950's specifically forbidding the coercion of Jehovah*s Witnesses into Catholic schools, as indicated, one of the child plaintiffs in the Q.F.H.S. case against Bill 101 is a Jehovah's Witness coerced into a French Catholic school.
Besides trampling upon religious rights, Quebec’s actions
7
trampie upon other educational rights. 9
As can be seen in Section 93(2) of the B.N.A. Act (Appendix 1) school boards in Quebec have a legał existence and legał powers under the Constitution. Legally, the powers held by school boards prior to 1867 were continued AFTER 1867. According to the Consolidated Statutes of Lower Canada (1861) which have never been repealed, included among the rights and privileges of School Trustees was the exclusive right to determine the language of in-struction in schools.
In addition to violating the Constitution as regards language and religion in education, Bill 101 violates the Constitution when it reąuires only French to be used for professional gualifications. The Supreme Court of Canada decision in Dec. 1979 stated:
“it would be overly technical to ignore the modern development of non-curial adjudicative agencies which play so important a role in our society, and to refuse to extend to proceedings be-fore them the guarantee of the right to use either French or English by those subject to this jurisdiction.“
Although the Supreme Court decision clearly reąuires English, the Quebec Government continued with their language tests. People such as nurses in training are still being failed one year AFTER the Supreme Court of Canada*s decision.
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