Sec 93 of the Constitution Act, 1867 ( previously called, the BNA Act. 1867). state that " the Legislature of each Province may exclusively make Laws in relation to Education", so long as such laws do not " prejudicially affect any Right or Privilege with respect to Denominational Schools". It is clear that Education is a provincial jurisdiction and as such the provinces an make any laws so long as they do not eliminate or limit Denominational Rights. Bill 86 is therefore within this right. It does not affect Denominational ( in this case Protestant rights), in Quebec. These rights continue to exist.
Sec. 23 of the 1982, Charter of Rights and Freedoms, protect Minority Language Educational Rights. These Rights are not affected by Bill 86. Minority Language Educational Rights, in the form of access to English education, if anything are enhanced by having school boards made up of people who are intimately involved in making the decisions.
The election of school boards, by voters at large has been farcical with little interest shown...only about 4% turn out for French school boards and about 17-20% for English. It is a waste of time and money. By having each school board, made up of a council of commissioners, of six parents ( one of whom is the parent of a disabled child), two school staff(one a teacher and one non-teaching staff), two principals and six community members, will be more effective and more relevant. Each board will have a non-voting, director- general.
These measures are long overdue, and Bill 86 will be subject to public consultations and should come into effect for the 2016 school year.