Case information

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(PUBLICATION BAN IN CASE)

Charter of Rights — Constitutional law — Minority language educational rights — Remedies — Court of Appeal setting aside judgment ordering expansion of school — Whether Court of Appeal changed standard of review applicable to decision of trial court — Whether Court of Appeal erred in interpreting s. 23 of Charter — Whether Court of Appeal erred in interpreting minority language group’s powers of management in relation to admissions — Whether Court of Appeal erred in setting aside remedy awarded under s. 24 of Charter — Canadian Charter of Rights and Freedoms, ss. 23 and 24.

The applicants in this case are an association of parents asserting rights under s. 23 of the Charter, two rights holder parents, an association that runs the French daycare in Yellowknife and the Fédération Franco Ténoise, a federation of several Francophone associations in the Northwest Territories.

Minority language education has been provided at École Allain St Cyr in Yellowknife since 1989. A separate school building was built and opened in 1999. In 2000, the Government of the Northwest Territories (GNWT) gave control of minority language education to the Commission scolaire francophone des Territoires du Nord-Ouest.

In 2005, the applicants brought an action alleging that the school facilities fell below the minimum constitutional requirements for minority language educational facilities. The relief sought consisted of an increase in the capacity of École Allain St-Cyr as well as the construction of specific specialized facilities. The dispute also included some fundamental disagreements about the scope and interpretation of s. 23 of the Charter. The Commission scolaire did not participate in the litigation.