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Yukon's francophone school board gains power over admissions

The Yukon Government is delegating authority over school admissions to the francophone school board, bringing a resolution to one of the issues in a court battle between the board and the government.

Minister of Education is delegating power over who can be enrolled in Francophone education

'Just being responsible and level-headed, I think that's why we've managed to avoid going back to court with CFSY,' said Education Minister Doug Graham.

The Commission scolaire francophone du Yukon, the territory's francophone school board, now has control over admissions at its only school, École Émilie-Tremblay, and at its future high school, yet to be built

The Yukon Government has passed a new regulation under the Education Act allowing control to be delegated to the francophone school board, bringing closure to one of the issues in a court battle between the board and the government.

"I guess there's been a change of heart," said Education Minister Doug Graham.  

French education for francophones is a constitutionally protected right in Canada under Section 23 of the Charter of Rights. Since 2009, the Yukon's French school board has been asking to run its own affairs including personnel, budget and admissions. In 2015 the Supreme Court of Canada affirmed that the right to control admissions lies with provinces and territories but that it can be delegated.

The Yukon is now choosing to do just that, but Graham said the Department of Education maintains the right to take back the power should the need arise. 

Before the agreement was reached, Graham said the government wanted to ensure there was an appeal process for families who are refused admission and also a way to track the admissions. 

"CSFY will report to the Minister of Education annually on the number of rights-holders and non-rights-holders being admitted to French schools. That way we can monitor and discuss trends with the school board."

Who wants in?

Each year, some families who are non-rights-holders — families whose first language is not French or who are not Canadian citizens — apply to enrol their children at École Émilie-Tremblay. The school board has a committee in place to review each request according to specific criteria.  

"The way it's been working, parents will make a request in order for their child to attend, there is a committee that is set up in order to look at the request and the seriousness of the request," said Edith Campbell, a trustee with the francophone school board. 

Among other things, she said the committee considers to what extent the family speaks French on a daily basis. 

Campbell said currently nine per cent of students enrolled in the francophone school are non-rights-holders, with two per cent of those being anglophones and seven per cent being either French-speaking immigrants or children whose ancestors were French-speaking. 

'Just being reasonable'

"We're really happy with the fact that we now have the authority," she said. "I think that it's a very positive way to have dealt with this matter." 

Graham agreed. 

"Just being responsible and level-headed," he said. "I think that's why we've managed to avoid going back to court with CFSY.

I personally believe we will never have to go back to court because I think reasonably discussing issues is a much better way of resolving these things."

Graham said he hopes to reach other agreements on outstanding issues with CFSY before a Yukon election is called this fall.

with files from Claudiane Samson