Dual busing question for top court filed by Serge Rousselle

Attorney General Serge Rousselle announced on Wednesday the provincial government has filed its question regarding the constitutionality of New Brunswick's dual school busing system with the Court of Appeal.

The wording of the reference question was approved by the provincial cabinet and has now been filed with the province's top court.

"Questions have been raised about a practice that has been ongoing for many years," said Rousselle in a statement.

"The Court of Appeal can provide further clarity on important questions touching on relevant constitutional issues for the benefit of all New Brunswickers. We are seeking the court's advice regarding our obligations related to school bus transportation."

Rousselle, who is also the minister of education, had promised to send the question to the top court earlier this year.

The provincial government has maintained that separate bus systems are required in New Brunswick under the constitutional provisions for duality in education.

The Court of Appeal's reference ruling will be advisory only and it is technically not binding on the provincial government.

A reference ruling by a provincial Court of Appeal is, however, subject to appeal to the Supreme Court of Canada.

The Court of Appeal is being asked: "Is there, in New Brunswick, a constitutional obligation to provide distinct school transportation in relation to one or the other official language?"