Judge biased in francophone school case: Yukon

Yukon government lawyers say they want a French-speaking judge from Albertaremoved from a court case involving the territory's francophone school board.

Appearing before the Yukon Supreme Court on Friday, government lawyers said Justice Vital Ouellette is bringing a biased opinion in the legal dispute between the government and the Commission scolaire francophone du Yukon.

Ouellette, who presided over Friday's hearing viavideo conference from Edmonton,has reserved his decision on the matter. He is usually with the Alberta Court of Queen's Bench, but he is also a deputy judge with the Yukon Supreme Court.

The francophone school board, which runs cole milie-Tremblay in Whitehorse, argues that it's not getting a fair share of education funding. However, the government insists that the board is adequately funded.

In June, Ouellette issued an interim ruling ordering the Yukon Education Department to provide money for three more teachers at cole milie-Tremblay. The government is appealing that order.

Bias displayed in court, lawyers say

Government lawyers allege that Ouellette has demonstrated bias in court by laughing mockingly at government witnesses, openly grimacing in disbelief at their legal arguments, and even threatening lawyers with a court order that could publicly embarrass them.

Education officials have released background information that shows Ouellette had been a longtime legal advocate for francophone schools in Alberta prior to his appointment to the court.

Government lawyers argued that substantial public funds are at stake and the whole court case could be deemed invalid if Ouellette does not remove himself from the case.

"Ultimately, if a court of appeal were to decide that the government was well-founded in the issues it raised in the apprehension of bias, then what the court of appeal must order in those circumstances is for the trial be done all over again," government lawyer Francois Baril told CBC News outside court.

"What we are trying to avoid is going through the second part of the trial for naught."

But lawyers for the francophone school board encouraged Ouellette "not to shrink" from his duties and continue presiding over the case.