Francophone education case goes national
The appeal over a new French-language secondary school in the Yukon may become a national affair.
The appeal over a new French-language secondary school in the Yukon may become a national affair.
Lawyers for two national organizations and the B.C. francophone school board made their case in court Friday afternoon to be granted intervenor status in the Yukon government's appeal of a ruling from earlier this year.
Last July, Justice Vital Ouellette ordered the Yukon government to build a new French-language school in Whitehorse and restore $1.95 million which he ruled was earmarked for French first-language programs and had instead gone to French immersion.
The ruling also ordered a number of changes with regards to the administration of French-language schooling.
Along with the B.C. Francophone School Board, the National Francophone School Board and the National Commission of Francophone Parents, argued they should be a part of the appeal because the decision could have implications beyond the territory.
"It's quite clear we are blazing a trail when it comes to some of these issues,” said André Bourcier, president of the Commission Scolaire Francophone du Yukon.
The National Francophone School Board agued it should be a part of the appeal because of the national implications of rulings regarding the way schools are funded.
"Justice Ouellette ruled the government mismanaged a lot of money,” Bourcier said. "For provinces with bigger budgets, this could mean a lot for them.”
The parents commission said it was most interested in a ruling over whether Section 23 of the Charter of Rights and Freedoms, the section guaranteeing minority language education rights, applies to preschool education.
Lastly, the B.C. school board asked to be a part of the appeal, particularly as it related to Ouellette's ruling that the school board should have the authority to decide which students are admitted.
With the increase of immigration in B.C., this capacity to admit children of non-right holders is important, lawyers said.
Justice Harvey Goberman told the court he expects to have a ruling by Christmas.
The case is next scheduled to be in court on Thursday.
The government is expected to ask that a separate ruling by Ouellette, ordering the government to pay the francophone school board nearly $1.5 million in court costs and damages, be put on hold until after the appeal is heard in March or April.
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