Yukon ordered to build new francophone school

The Yukon government has been ordered to build a new French-language school in Whitehorse, but officials say they will appeal the Yukon Supreme Court ruling.

The ruling by Justice Vital Ouellette is the latest development in a lengthy legal battle between the Yukon government and the Commission scolaire francophone du Yukon, which operates cole milie-Tremblay in Whitehorse.

In a 317-page decision posted on the court's website this week, Ouellette said the Yukon government has, for years, acted in bad faith with the francophone school board.

The francophone board has long claimed that federal funds that were designated for cole milie-Tremblay were instead redirected by the territorial government to other education programs.

Board officials argued that conditions have deteriorated at the K-12 school so much, they can no longer retain francophone students through the high school grades because of poor, overcrowded facilities.

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

School must be ready in 2 years

In his decision, written in French, Ouellette agreed with the francophone board on both counts, ordering the Yukon government to restore $1.95 million that he said had been diverted over the past five years.

The judge also ordered construction to begin immediately on a new school complete with a gymnasium, industrial arts classroom, computer labs, and individual classrooms for all grade levelsin addition to cole milie-Tremblay.

Ouellette said the new school, which should accommodate upwards of 150 students, must be completed within two years.

But Yukon government officials told CBC News on Wednesday that they will appeal Ouellette's ruling, which they described as an unprecedented case of interference in the government's ability to direct education in the territory.

Ouellette, a justice with the Alberta Court of Queen's Bench, is also a deputy judge with the Yukon court.

Throughout the trial, government lawyers had accused Ouellette ofdemonstrating bias, since he was a longtime advocate for francophone education rights in Alberta before he became a judge.

The government lawyers asked Ouellette tostep downfrom the francophone school board case, buthe refused.