Francophone schools: Supreme Court rebuffs board in Yukon case

A Supreme Court decision today sent Yukon's francophone school board back to the drawing board in its quest for more control over French-language education.

In a ruling handed down this morning, the court affirmed that the rights to control admissions to francophoneschools outside of Quebec lie with provinces or territories, but said that power can be delegated. It saidthe Yukon French school board could argue its case that the territory'sadmissions criteria don't meet the goals of the Charter of Rights and Freedomsin a new trial.

• Yukon francophones appeal to Supreme Court

However, it's not clear whether Yukon'sfrancophoneswill seekanother day in court.

RogerLepage, who represents Yukon's francophoneschool board, saidthat maynot be necessary, citing a "night and day" shift in therelationship between the board and the Yukon government.

"Let's go talk to the Government of Yukon andsee if they are willing to settle on issues," he said.

Who gets to decide on admissions?

The case dates back to 2009, when Yukon's francophone school board sued the territorial government, asking for better facilities and more control over admissions to its school.

Section 23 of the Charter of Rights and Freedoms guarantees Canadians the right to education in a minority language, whether English or French, butextends that right only to the children or grandchildren of those who were educatedin French or whose first language is French.

Yukon's francophone school board would like to have the power to extend that right to others, such as children of new immigrants or those who could have been educated in French, but whose parents didn't exercise the right at the time.

In its decision, the Supreme Court said that Yukon'sfrancophoneschool board "could not unilaterally decide whom to admit to its school" unless the territory had delegated that power.

But the Supreme Court also said that "nothing stops the board from arguing that Yukon's approach to admissions prevents the realization of Section 23's purpose."

Yukon's francophone schoolboard won its originalcase in 2011, but the decision was later overturned by an appeal court, which found the judge in the initial case, Justice VitalOuellette, was biased. In today's decision, the Supreme Court agreed.

Yukon not alone

Yukon is not the only Canadian jurisdiction dealing with this issue.

Earlier this year, the N.W.T. government won an appeal against a francophone group that had previously won the right to bigger, better school facilities for French students.

British Columbia and Saskatchewan are also dealing withcases involving francophone school boards.

Yukon'sSupreme Court's hearing of the case drew national attention and several intervenors,including Saskatchewan, the N.W.T., and francophone parents groups.

Quebec also weighed in, agreeing with the Yukon government that local board should not control admissions.