Constitutional legislation would prevent school board amalgamation in Sudbury

There could be legal ramifications if the Rainbow District School Board pursues amalgamation plans further.

• Sudbury Rainbow school board pushes to merge 4 boards into 1

That's according to Laurentian University history professor SergeMiville, who is also the research chair for Franco-Ontarian history.

The English public school board in Sudbury wants to pursue a merger with the three other school boards, including the French public board, the French Catholic board and the English Catholic board.

However, Miville says there is constitutional legislation in place giving Francophones and Catholics the right to their own education systems.He says he doubts they'd be willing to give that up.

• Sudbury school boards don't support four-board merger

'Can of worms'

Ottawa lawyer and lawprofessor, GillesLeVasseauragrees.He says the right ofFrancophonesto an education in their language falls under the Canadian Charter of Rights and Freedoms.Similar legislation is in place for Catholics.

LeVasseaur says an amalgamation could go ahead if all four school board agree.

"But why would they agree on something they fought for, that would be the actualpreservation of their actualschool systems."LeVasseaursaid.

"You're opening a can of worms on a topic that is moot."

Miville says there is nothing thatthe province can do without opening the constitution and negotiating with Ottawa.

"You can't negotiate with Ottawa about minority language rights, without the minority language groups saying 'Hold on, we fought for this for over100 years. I think you should let that go'."

LeVasseaursays he feels merging four school boards would be a disaster both economically and financially, sinceall four boards have collective agreements and contracts that would be costly to adjust.

He adds the Rainbow District School Board should consider reorganizing its internal management instead of trying to amalgamate.

A 'step back'

Miville says the merger would open aPandora's box.

"I don't believe the Wynnegovernment is looking forward to that."

He says he feels that combining the four school boards into one would be a step back for Francophones. Manymixed-language families in Sudbury choose French schools for their children to help them become successful,bilingual adults.

"In order to learn French in a minority setting you need a safe space to learn, create, play and grow in French," Miville continued.

He adds that French language schools and French language school boards, permit that. But he saysan amalgamated, mixed-language schoolboard would limit that safe space for French language.

Despite not agreeing with a school boardamalgamation,Miville does say this is a good opportunity for discussion aboutwhyseparate education systems exist.

"We're able to have this discussion and inform people. This is why we have French language schools. This is why we have Catholic schools. Whether we like them or not, there is a reason for this."

Miville says he has sent a letter to Doreen Dewar,chair of the Rainbow District School Board, after hearing about their motion. In the letter he says he understands thedifficulty the English publicboard is facing butamalgamationcan't be the solution.