The chaotic beginnings of the new school governance have just come to an end in the largest service center in Quebec. Unfairly blamed for having contravened her “duty of loyalty”, the former president of the board of directors of the Center de services scolaire de Montréal (CSSDM), Mélisandre Shanks, has just won a battle to restore her reputation.
An amicable settlement reached as part of a challenge in Superior Court exonerates Mélisandre Shanks, who was the first president of the CSSDM after the abolition of school boards by the Legault government, in the fall of 2020. This agreement occurred in particular between Mme Shanks, the CSSDM, the Ministry of Education and the Attorney General of Quebec, who paid $30,000 in moral damages to the former president of the CSSDM, learned The duty.
“My goal was to restore my reputation. The facts have been corrected. I can finally move on,” says Mélisandre Shanks with relief.
This lawyer and mother of four children emerged disillusioned from her voluntary involvement in school governance. The Legault government sought to “depoliticize” the management of schools by abolishing elected commissioners, who were replaced by administrators in October 2020. The establishment of this new structure, however, gave rise to an unprecedented crisis in the most important Quebec school service center.
The long-standing distrust between the Parents’ Committee and the administrative machine of the CSSDM had turned into confrontation. Eight of the fifteen directors, including the five parents, had resigned from the board. The general manager and an assistant director had left the service center. The Minister of Education at the time, Jean-François Roberge, had placed the CSSDM under supervision.
“We were just doing our job as administrators. We asked questions. We quickly noticed that management was expecting more rubber stamping [approbation sans discussion] from us,” says Mélisandre Shanks.
She challenged in Superior Court a report from the Internal Audit Office of the CSSDM which concluded “a series of serious breaches of ethical and professional standards (notably conflicts of interest, breach of confidentiality, lack of loyalty, breach of trust )”, from members of the board of directors. The report referred to “facts reported [qui] also amount to collusion.
These findings were cited in another report, written by an external firm, which was the subject of media reports. Minister Roberge’s office had relayed criticism citing “serious failings” by administrators.
A “cancelled” report
These supposed “serious breaches” were in reality a simple meeting of some of the directors aimed at preparing the first meeting of the board of directors (CA), in October 2020. Members of the board were also discussing among themselves and with an advisor of the Parents’ committee, on the Messenger platform, during the board meeting.
These alleged faults had nothing to do with “lack of loyalty, breach of trust or collusion”, extremely loaded terms since the Charbonneau commission, argued Mélisandre Shanks in court. His efforts bore fruit.
In a document dated December 12, 2023, the CSSDM indicates having “cancelled” the verification report of November 8, 2020 which cited “serious failings” by parent administrators.
For its part, the Ministry of Education declared, in a legal document dated December 11, 2023, that it had “never qualified the applicant’s conduct as collusive, nor made any reproach against her”. The ministry also indicates that it “never expressed the wish to see her leave her position as president of the board of directors of the CSSDM”.
Relieved by this amicable agreement, Mélisandre Shanks remains bitter after her voluntary involvement in school governance. “I don’t advise people to get involved [dans le conseil d’administration d’un centre de services scolaire]given the legal straitjacket imposed on them,” she says.
Silencing critical voices
Jean Bernatchez, professor-researcher in school administration and policies at the University of Quebec in Rimouski, is delighted that the former president of the CSSDM was able to restore her reputation. “I completely share her point of view when she does not recommend that anyone sit on the board of directors of a school service center,” he says.
“Put yourself in his shoes, a person who does this voluntarily, undoubtedly a person who believes a lot in education, and who finds himself in a case like this. Everything is in place to discourage anyone of good will from getting involved in such matters,” he adds.
Jean Bernatchez himself was briefly on the board of directors of a school service center. He resigned due to the “duty of loyalty” which prohibits directors from speaking publicly.
I don’t advise people to get involved [dans le conseil d’administration d’un centre de services scolaire]given the legal straitjacket imposed on them
The CAs of the service centers are designed “as if it were a business », deplores the expert in school governance. “Any divergent opinion is interpreted as a lack of loyalty. However, counter-powers give quality to democracy,” he explains.
The Legault government has “centralized the management of the school network” in a way never seen before, according to Jean Bernatchez. Boards of directors have little power of initiative. They are used to approve the directions determined by the service center management. However, Minister Bernard Drainville gave himself the power to appoint and dismiss service center directors, recalls the professor.
This change of direction aims to ensure the cohesion of the school network and the accountability of managers, argued Minister Drainville. Since the difficulties of fall 2020, governance at the CSSDM has also been put back on track, it is indicated. The supervision was lifted, a new general director took office and the positions on the board of directors were filled.