The Vancouver School Board (VSB) acknowledges the decision by the British Columbia Court of Appeal to uphold the closure of Queen Elizabeth Annex (QEA). The Court agreed with the Board’s decision to close the school and dismissed the appeal from the QEA Parents’ Society.

VSB recognizes that school closures are deeply emotional and impactful for families and communities. The Board’s decision to close QEA was not made lightly. It followed a complete and open public engagement process, guided by provincial laws, government orders and VSB policy. The Board carefully looked at many factors, including earthquake safety, enrolment, operational efficiency and the broader learning needs of students across the school district.

The Court confirmed that the Board acted fairly, reasonably and within its legal authority. It also recognized the value of supporting French-language education under section 23 of the Canadian Charter of Rights and Freedoms, and the Province’s legal duty to help the Conseil scolaire francophone (CSF) find suitable school sites.

We are committed to providing all students in Vancouver with access to safe, inclusive and robust learning environments. Closing QEA enabled the Board to redirect funds to address urgent capital priorities, while also assisting CSF to meet the needs of francophone students.

The Board thanks the Court for its thoughtful consideration of this matter and extends appreciation to all community members who took part in the engagement process.

Case Overview

Appellant: Queen Elizabeth Annex (QEA) Parents’ Society

Respondents: Vancouver School Board (District No. 39), Conseil scolaire francophone (CSF), and the Attorney General for BC

Issue: The closure of QEA, a small French immersion school, and the subsequent leasing of the site to the CSF.

Appeal: The Society challenged the procedural fairness, reasonableness of the decision, and the cost order against it.

Court’s Decision

Read the court decision

Appeal Dismissed: The Court upheld the lower court’s decision, finding no error in law or fact.

Key Legal Findings

1. Procedural Fairness

• The Society argued that private “workshops” held by the Board violated the School Act’s requirement for public meetings.
• Court’s Finding: The workshops were not meetings under the Act because no decisions or substantive discussions occurred. They were informational briefings only.

2. Reasonableness of the Closure

• The Society claimed the closure was a covert deal to secure funding for another school.
• Court’s Finding: The Board’s decision was reasonable, transparent, and based on multiple valid factors:
  • Seismic safety concerns
  • High per-student operating costs
  • Declining enrollment
  • The Province’s constitutional obligation to support francophone education under s. 23 of the Charter

3. Costs Award

• The Society was ordered to pay costs due to unfounded allegations of bad faith.
• Court’s Finding: The cost order was appropriate. The Society had made serious but unsupported claims and had an opportunity to make submissions on costs but chose not to.