N.W.T. education minister to appeal order to reassess denial of 6 students to French schools
Former minister originally denied students' entry because cost outweighed benefit
The government of the Northwest Territories doesn't want to reassess what a judge called "unreasonable" denial of six children into its francophone schools in Yellowknife and Hay River last summer.
A Northwest Territories Supreme Court judge made that decision in July, but on Friday, the territory said it will file an appeal.
Justice Paul Rouleau ruled in favour of the five families with six children and the Commission scolaire francophone des Territoires du Nord-Ouest.
He concluded that the former minister of Education, now Premier Caroline Cochrane, made errors while refusing the admission of these children. Current Education Minister, R.J. Simpson, said the students in question would still be allowed to attend French-language schools this year, pending legal proceedings.
According to Rouleau, Cochrane based her decisions on "illogical considerations" on an "irrational analysis," and on reasons which do not demonstrate proportional respect for Section 23 of the Canadian Charter of Rights and Freedoms.
In a press release Friday, the Northwest Territories government said it disputes the judge's findings, denying that the admission of these six non-rights holder children would have an impact on the viability of the francophone schools and community.
Justice Rouleau made significant errors of law and on findings of fact.- Government of the Northwest Territories
"The [government of the Northwest Territories] will also submit that Justice Rouleau made significant errors of law and on findings of fact, and that the minister's process, assessments of the facts and decisions were reasonable in the circumstances," the release states.
"Further review of the recent decision identified several legal issues that warranted the attention of the Court of Appeal," said Simpson in the release.
"While we are appealing this decision, we are also working together with education bodies to ensure that students' needs are met."
New regulations to come
Simpson is due to announce the new regulations for the admission of non-rights holders to French-language schools by Aug. 31. He also reiterated his desire to adopt new appropriate policies and practices with "clear guidelines" on future requirements for the programs.
A "rights-holder" is somebody who has access to the constitutionally protected right to minority-language education under Section 23 of the charter.
This is the second time the government has appealed a similar judgment. Last summer, Rouleau's first ruling on the admission of one of the students was also appealed. The hearing of the first appeal is scheduled for October.