The judge in the long-running court case over francophone education in Whitehorse has ordered the government to pay the francophone school board nearly $1.5 million in court costs and damages for "acts of bad faith.”

The government will be appealing the ruling.

Last July, Supreme Court Justice Vital Ouellette ordered the government to build a new French-language high school in Whitehorse in the next two years.

It would accommodate about 150 students and complement École Émilie-Tremblay.

Aside from building a new school, Ouellette also ordered the government to restore $1.95 million in federal funds to the commission scolaire francophone du Yukon, which operates École Émilie-Tremblay, and make a number of changes to staffing and other administrative policies.

Board officials have argued that conditions have deteriorated at École Émilie-Tremblay to the point where the school can no longer retain students through the senior grades because of poor, overcrowded facilities.

The government has appealed the decision, citing what it calls a number of legal errors and claiming bias on the part of the judge.

This latest ruling, made public this week, will form part of that appeal, government lawyer Maxime Faille told the Star this morning.

Ouellette ordered the government to pay the school board $969,190 to cover court costs as well as a lump sum of $484,595 (half of the legal costs) for, what he calls acts of bad faith, both in general and during the trial.

No money will change hands until the appeal is completed.

The Canadian Charter of Rights and Freedoms allows a judge to consider awarding money in situations where there have been breaches of the Charter.

In his decision, Ouellette said that by formally accepting the Yukon Education Act, the government must respect the rights and privileges of the francophone minority in the Yukon and address all matters guaranteed in the act and the Charter.

Ouellette said the evidence presented at trial demonstrated numerous breaches of section 23 of the Charter which guarantees minority language rights.

"The most blatant example is the fact that representatives of YG (the government) knew of the rights in question, but consciously decided nevertheless to act in breach of the Education Act,” the judge wrote in his decision translated from French.

"In fact, it became apparent during the trial that the YG had taken an approach contrary to its Education Act and the Charter for the last 15 years.”

As a result, Ouellette wrote, "most of the issues raised in this litigation were unnecessary. The evidence established that the YG's approach is indefensible, if not illogical.”

The judge also accuses the government of procrastination and causing unnecessary delays during the process.

During the trial, the government said it was now willing to transfer some of the operations and maintenance budget to the CSFY and that it was also possible for the school's principal position to be on a fixed term.

"These two significant issues were the subject of disputes for years,” the judge wrote. "The YG knew that it as required to consult the CSFY under the act regarding the annual operations and maintenance budget, but it simply ignored the act.”

Ouellette also points to many applications and amendments made by the government during the trial, which, according to the judge, lengthened the trial unnecessarily.

Faille said the government finds the accusations that it acted in bad faith "astonishing.”

"The current school is an excellent school by any measure, in any jurisdiction,” he said.

Faille pointed to other governments which "categorically refuse to build schools and create school boards.”

The latest ruling only reinforces the government's belief about Ouellette's bias and shows he is not considering the entire case, Faille said.

The appeal is expected to be heard in Whitehorse in March or April 2012.