Yukon francophone school board applauds ruling

Yukon's French-language school board is happy with a court ruling that orders the territorial government to build a new francophone school in Whitehorse.

In a written ruling released this week, Yukon Supreme Court Justice Vital Ouellete sided with the Commission scolaire francophone du Yukon in its lengthy legal battle against the Yukon government.

Ouellette instructed the government to build a new school within the next two years to complement cole milie-Tremblay, a K-12 school that the francophone board runs in Whitehorse.

The judge also ordered the government to restore $1.95 million in federal funds that were designated for the francophone school, but were instead diverted by the territorial government to other education programs.

"The judge has been very thorough in his evaluation of the context and he gave us really everything we were looking for, so we are extremely pleased," Andr Bourcier, president of the francophone school board, told CBC News.

Francophone board officials have argued that conditions have deteriorated at cole milie-Tremblay to the point where they can no longer retain students through the senior grades because of poor, overcrowded facilities.

Existing school sufficient: government

The school had 184 students during the most recent academic year. Officials said the elementary grade levels have been overcrowded, leaving insufficient space for older students.

But the Yukon government, which has already indicated that it will appeal Ouellette's ruling, said students at cole milie-Tremblay are already well-served by the existing facility.

"There's little doubt in our minds that francophone students in the territory have an excellent educational program and excellent educational opportunities. So to expand a school that is operating at 60 per cent capacity, in our view, is unprecedented," said Maxime Faille, the government's lawyer on the case.

But Bourcier said he is confident the judge's ruling will withstand an appeal.

"If they go for an appeal, then they go for an appeal," he said. "I mean, our case is very strong and we feel confident that we will win the appeal."

Building costs pegged at $30M

Ouellette's decision orders the government to start building the new school immediately. Estimates provided by the francophone school board have pegged construction costs in the $30 million range.

In his decision, Ouellette also said the francophone board, not the territorial government, should control student enrollment. Bourcier said many families who had wanted their children to attend cole milie-Tremblay were turned away.

"The government of Yukon cannot say, 'Oh well, the French school is full, so you guys have to go to the English one.' The government had given very specific restrictions on who we could accept and who we could not," he said.

Ouellette also called for additional teachers to be hired, and two portable classroom units to be installed in time for the upcoming school year.

Court officials say an English version of Ouellette's decision, which was published entirely in French, will be released by Aug. 5.