Judge refutes boards' bid to intervene in case
The Yukon's francophone school board will have to continue its fight for the construction of a French-language high school in Whitehorse without the support of three national and provincial organizations, the Yukon Court of Appeal has ruled.
The Yukon's francophone school board will have to continue its fight for the construction of a French-language high school in Whitehorse without the support of three national and provincial organizations, the Yukon Court of Appeal has ruled.
The ruling marks a notable setback for the board in a long-running court case over francophone education in Whitehorse.
Last July, Justice Vital Ouellette ordered the Yukon government to construct a new French-language school in the community and restore $1.95 million in federal funds earmarked for the board's French-first language programs.
The ruling also ordered a number of changes with regard to staffing and administration at French-language schools.
The government has appealed the decision, citing what it has called a number of legal errors as well as bias on the part of the judge.
As of this month, the board had begun to receive some national support.
On Dec. 9, the National Francophone School Board and the National Commission of Francophone Parents, as well as the B.C. Francophone School Board, had asked to be granted intervenor status in the case on the grounds it could have national implications.
Their application was denied in the ruling, released last week.
In a written statement, Judge J.A. Groberman denied the application on the grounds that the three organizations do not have direct interest in the litigation.
Groberman's decision was made on the grounds that rulings made in the Yukon Court of Appeal would not have a direct impact on the rights of persons outside the territory, and that the three groups would not offer a new perspective to the litigation.
Despite the setback, the board remains optimistic.
"The decision hasn't impacted us too much, and we'll keep going forward with the appeal,” André Bourcier, the president of the Commission Scolaire Francophone du Yukon, said today.
"It would have been nice to have some allies in this, but our case is strong and we can win it alone.”
The decision was made to keep the case at a local level for the time being, but it will empower the organizations further, should the case ever reach the Supreme Court of Canada level, said Bourcier.
The setback follows a recent victory for the French language school board.
The board had requested $1.5 million in court costs and damages from the government.
Last week, Judge Groberman granting $400,000 to the school board, to be released to the board after the appeal is complete.
The date of appeal has been set for March 5-7, 2012.
"At this point, we are in preparation for March,” said Bourcier.
"Friday's decision made clear the rules of engagement at this point, and we will all move forward from here.”
Comments (2)
Up 0 Down 1
udele on Dec 29, 2011 at 7:08 pm
I hope the government wins this one. Grey mountain primary and FH need to be rebuilt Before a francophone school is built.
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Yukon Joe on Dec 28, 2011 at 8:18 am
I think that a French education system should be built, as soon as Anglophone education is allowed in Quebec with no restrictions.