Conseil scolaire fransaskois et al. v. Saskatchewan, (2013) 409 Sask.R. 277 (CA)

• Judge: Klebuc, C.J.S., Richards and Caldwell, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: January 17, 2013
• Jurisdiction: Saskatchewan
• Citations: (2013), 409 Sask.R. 277 (CA);2013 SKCA 35

Conseil scolaire fransaskois v. Sask. (2013), 409 Sask.R. 277 (CA);

    568 W.A.C. 277

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2013] Sask.R. TBEd. AP.005

Her Majesty the Queen, in Right of the Province of Saskatchewan (appellant) v. Conseil scolaire fransaskois, L'Association des Parents Fransaskois Inc., Yvan Lebel, and Elizabeth Perreault (respondents)

(CACV2338; CACV2279; 2013 SKCA 35)

Indexed As: Conseil scolaire fransaskois et al. v. Saskatchewan

Saskatchewan Court of Appeal

Klebuc, C.J.S., Richards and Caldwell, JJ.A.

March 28, 2013.

Summary:

Conseil scolaire fransaskois (CSF) operated French language schools in Saskatchewan mandated by the minority language education guarantees in s. 23 of the Charter. CSF obtained interlocutory injunctions pursuant to which the Government of Saskatchewan was obliged to provide it with supplementary funding. The Government appealed, contending that two of the injunctions effectively required it to fund non-Saskatchewan students attending CSF schools in Lloydminster and Bellegarde.

The Saskatchewan Court of Appeal allowed the appeal in part. Saskatchewan had no obligation to fund the minority language education of students who resided outside of the province.

Civil Rights - Topic 2884

Language - Education - Minority language education rights - General - The Saskatchewan Court of Appeal considered the minority language education guarantees in s. 23 of the Charter - "Section 23 operates against the background of the division of powers prescribed by the Constitution Act, 1867. Section 93 of this Act provides that 'for each Province the Legislature may exclusively make Laws in relation to Education', subject to certain restrictions ... . It follows that the establishment and administration of schools is a provincial responsibility. From a constitutional perspective, the scheme of education in Canada is organized on a province-by-province basis. This fundamental jurisdictional framework is not dissolved or suspended by s. 23 of the Charter. Indeed, s. 23 itself anticipates that the rights it creates will both arise and be satisfied on an intra-provincial basis." - In the end result, the court concluded that Saskatchewan did not have an obligation to pay for the minority language education of students who resided outside the province - See paragraphs 16 to 20.

Civil Rights - Topic 2886

Language - Education - Minority language education rights - Facilities - Conseil scolaire fransaskois (CSF) operated French language schools in Saskatchewan mandated by the minority language education guarantees in s. 23 of the Charter - CSF obtained interlocutory injunctions pursuant to which the Government of Saskatchewan was obliged to provide it with supplementary funding - The Government appealed, contending that two of the injunctions effectively required it to fund non-Saskatchewan students attending CSF schools in Lloydminster and Bellegarde - The Saskatchewan Court of Appeal allowed the appeal in part - The Government had no obligation to finance the minority language education of students who resided in other jurisdictions - Section 23 of the Charter operated on a province-by-province basis - However, the evidence in relation to the school in Lloydminster did not allow costs to be prorated on the basis of the students' provinces of residence - In relation to the school in Bellegarde, the costs assumed by the Government in relation to educating the extra-provincial students were calculable and, as a result, the court reduced the amounts payable under the injunction - See paragraphs 21 to 82.

Education - Topic 8010

Separate schools - General - Funding - [See Civil Rights - Topic 2886 ].

Cases Noticed:

Culligan Canada Ltd. et al. v. Fettes et al., [2010] 6 W.W.R. 420; 346 Sask.R. 100; 477 W.A.C. 100; 2009 SKCA 144, refd to. [para. 14].

Manitoba Language Rights Reference, [1985] 1 S.C.R. 721; 59 N.R. 321; 35 Man.R.(2d) 83, refd to. [para. 55].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 23(1), sect. 23(2) [para. 16]; sect. 23(3) [para. 19].

Education Act, S.S. 1995, c. E-0.2, sect. 172 [para. 61].

Interpretation Act, S.S. 1995, c. I-11.2, sect. 35(1) [para. 70].

Lloydminster Charter, Alta. Reg. 43/1979, sect. 375(1) [para. 46].

Counsel:

Alan Jacobson and Barbara Mysko, for the appellant;

Roger Lepage and Francis Poulin, for the respondents.

This appeal was heard on January 17, 2013, before Klebuc, C.J.S., Richards and Caldwell, JJ.A., of the Saskatchewan Court of Appeal. In reasons written by Richards, J.A., the Court of Appeal delivered the following judgment, dated at Regina, Saskatchewan, on March 28, 2013.