FÉDÉRATION NATIONALE DES CONSEILS SCOLAIRES FRANCOPHONES
Historical Judgment for French-Language Education in a Minority Context

The Supreme Court of Canada has ruled in favour of the Conseil scolaire francophone de la Colombie-Britannique (CSF) and the Fédération des parents francophones de Colombie-Britannique in the case regarding the method of funding French first language education in a minority context.

The Fédération nationale des conseils scolaires francophones (FNCSF) welcomes this ruling, which supports the obligation by provincial and territorial governments to fulfill their constitutional responsibilities with respect to minority language education rights.

"This judgment is decisive for the future of the Canadian Francophonie and for French-language education in a minority context. The confirmation by the Supreme Court of Canada of the precedence of the rights conferred by section 23 over section 1 of the Canadian Charter of Rights and Freedoms is crucial to ensure adequate funding for French-language school boards so that our students can have access to an education equivalent, in terms of infrastructure in particular, to that of the linguistic majority" declared Louis Arseneault, President of the FNCSF.

The justices of the Supreme Court of Canada have ruled that British Columbia cannot consider costs to justify a violation of section 23 of the Canadian Charter of Rights and Freedoms.

The Province will therefore be required to pay $6 million to the BC FSB in damages over a 10-year period in respect to inadequate funding of school transportation covering the period from 2002 to 2012. BC will also have to pay $1.1 million for chronic underfunding of French-language elementary and secondary schools.

The hearing before the Supreme Court of Canada of September 2019 challenged the Provincial Court's conclusion that section 1 of the Charter could be invoked to justify infringements of minority language education rights. This is the first time that the highest court in the country has ruled on the relationship between section 23 and section 1 of the Charter.

"This judgment strengthens what educational stakeholders have known for a long time: funding formulas for French-language school boards must make it possible to meet the specific needs of French-language communities in a minority context. It's a question of equity for children from the linguistic minority " added Mr. Arseneault.

During the hearing, the CSF pointed out that the funding formula for Francophone education in British Columbia had the effect of increasing assimilation in the Province, since underfunding of facilities and school transportation encourages parents to choose English-language schools over French-language schools for their children.

The FNCSF wishes to acknowledge the perseverance shown by the Conseil scolaire francophone de la Colombie-Britannique in this case. "This case, which deals with concepts fundamental to our 28 French-language school boards across the country, has been before the courts for 10 years. The successful outcome of this legal battle finally confirms the guarantees offered by section 23 to Francophones with respect to education in their mother tongue " explained Mr. Arseneault.

He added: "In 1990, the Supreme Court of Canada's decision in the Mahé case allowed for the creation of Francophone school boards in Canada by recognizing the right of minority language parents to manage their own educational facilities. Thirty years later, this same Court confirmed the obligations of the provinces and territories towards Francophones regarding the funding of their schools. Today is a great day for the Francophonie and linguistic duality in Canada!"