A Court of Appeal judge has put the building of a new French-language high school in Whitehorse on hold pending the completion of an appeal by the Yukon government.

Last July, Yukon Supreme Court Justice Vital Ouellete ordered the government to build a new school for about 150 students in the next two years to complement École Émilie-Tremblay.

The decision came after a lengthy legal battle between the government and the Commission scolaire francophone du Yukon, which operates the school in Whitehorse.

Aside from building a new school, Ouellete also ordered the government to restore $1.95 million in federal funds to the francophone school board and make a number of changes to staffing and other administrative policies.

Last August, the government appealed the decision, citing what it called a number of legal errors and claiming bias on the part of the judge.

Under Yukon court rules, the fact that an appeal has been filed does not automatically mean the entire original decision is stayed.

In his decision Monday, Justice Harvey Groberman ordered the major financial rulings — to build the school, pay the $1.95 million and add two portable classrooms to École Émilie-Tremblay— be stayed.

"We're pleased with that,” the government's lawyer, Max Faille, said this morning.

"Spending that kind of money before the appeal is heard is not practical, and could have rendered our appeal moot.”

In terms of the management of the current school's budget and personnel, most of Ouellete's original orders will stay in place for now.

The means the government will continue to be required to communicate with the school board in French, though Groberman did ask for both sides to "be responsible” when it comes to that issue.

"The judge recognized that could be an issue for us in some cases,” Faille said. The government was given the option to return to court if communication became an issue, he added.

André Bourcier, president of the francophone school board, said today the fact that the ruling still stands is a victory.

"The judge has made clear that they have a responsibility to give us services in French,” he said.

Changes ordered to the mandate of the school's principal also remain in place.

Prior to the 2002 creation of the Education Labour Relations Act, principals were given a three-year mandate in their positions.

When that act was implemented, these positions became permanent but the government kept the capacity to move principals around to different schools.

"Since the school board has only one school, we cannot use that clause,” Bourcier said.

"It was important for us to have some sort of leverage ... a way to act and make changes if we need. Basically, we are going back to what was in place prior to this act being in place.”

École Émilie-Tremblay's current principal was hired this September, he said.

Groberman ruled Ouellete will continue to oversee the implementation of the rulings that were not stayed in Monday's decision.

This means the government will continue to report its progress to him on a regular basis.

The appeal will likely be heard in March or April.