Doucet-Boudreau et al. v. Nova Scotia (Minister of Education) et al.

• Jurisdiction: Nova Scotia
• Court: Supreme Court of Nova Scotia (Canada)
• Judge: LeBlanc, J.
• Citation: (2000), 185 N.S.R.(2d) 246 (SC)
• Date: 15 June 2000

Doucet-Boudreau v. N.S. (2000), 185 N.S.R.(2d) 246 (SC);

 575 A.P.R. 246

MLB headnote and full text

Temp. Cite: [2000] N.S.R.(2d) TBEd. AU.008

Glenda Doucet-Boudreau, Alice Boudreau, Jocelyn Bourbeau, Bernadette Cormier- Marchand, Yolande Levert and Cyrille Leblanc, in their name and in the name of all Nova Scotia parents who are entitled to the right, under Section 23 of the Canadian Charter of Rights and Freedoms, to have their children educated in the language of the minority, namely the French language, in publicly funded French language school facilities, and La Fédération des parents acadiens de la Nouvelle-Ecosse Inc. (applicants) v. The Nova Scotia Department of Education and Le Conseil Scolaire Acadien Provincial (respondents)

(S.H. No. 147535)

Indexed As: Doucet-Boudreau et al. v. Nova Scotia (Minister of Education) et al.

Nova Scotia Supreme Court

LeBlanc, J.

June 15, 2000.

Summary:

Parents who wished their children to be schooled in the French language applied under s. 23 of the Charter for an order di­recting the province and French school board to provide publicly funded homogeneous French programs and facilities at the sec­ondary school level for five separate regions (Chéticamp, Isle Madame, Clare, Argyle and Kingston/Greenwood). The province sub­mitted that s. 23 Charter rights were being met where the province was committed to providing such programs and facilities, notwithstanding a delay in implementation. The parents submitted that promises did not constitute compliance with s. 23.

The Nova Scotia Supreme Court held that the s. 23 parents had a legal right to have their children educated in French homogene­ous programs at French homogeneous facil­ities at the secondary level, paid out of public funds, and provided without unreas­onable delay. The province and French school board were directed to use their best efforts to comply with the directive. The delayed implementation of homogeneous schools was contrary to the purpose and intent of s. 23. The province was not entitled to wait for a consensus among s. 23 parents. Section 23 did not require consensus or approval.

Civil Rights - Topic 2884

Language - Education - Minority lan­guage education rights - General - The Nova Scotia Supreme Court discussed the nature and scope of minority language education rights under s. 23 of the Charter of Rights and Freedoms - See paragraphs 21 to 27.

Civil Rights - Topic 2886

Language - Education - Minority lan­guage education rights - Facilities - Par­ents who wished their children to be schooled in the French language applied under s. 23 of the Charter for an order directing the province and French school board to provide public­ly funded homo­geneous French programs and facilities at the secondary school level for five separate regions (Chéticamp, Isle Madame, Clare, Argyle and Kingston/Greenwood) - The province submitted that s. 23 Charter rights were being met where the province was com­mitted to providing such programs and facilities, notwithstanding a delay in im­plementation - The parents submitted that promises did not constitute compliance with s. 23 - The Nova Scotia Supreme Court held that the s. 23 parents had a legal right to have their children educated in publicly funded French homogeneous programs at French homogeneous facilities at the secondary level without unreason­able delay - The province and French school board were directed to use their best efforts to comply with the directive - The delayed implementation of homogene­ous schools was contrary to the purpose and intent of s. 23 - The province was not entitled to wait for a consensus among s. 23 parents, as s. 23 did not require con­sensus or approval.

Education - Topic 8010

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

Cases Noticed:

Mahe et al. v. Alberta (1990), 105 N.R. 321; 106 A.R. 321; 68 D.L.R.(4th) 69 (S.C.C.), consd. [para. 19].

Reference Re Public Schools Act (Man.) (1993), 149 N.R. 241; 83 Man.R.(2d) 241; 36 W.A.C. 241 (S.C.C.), consd. [para. 19].

Arsenault-Cameron et al. v. Prince Edward Island (2000), 249 N.R. 140; 184 Nfld. & P.E.I.R. 44; 559 A.P.R. 44; 181 D.L.R.(4th) 1 (S.C.C.), consd. [para. 19].

Pytka et al. v. Board of Education of Hali­fax District (1993), 124 N.S.R.(2d) 1; 345 A.P.R. 1 (S.C.), dist. [para. 212].

R. v. Beaulac (J.V.) (1999), 238 N.R. 131; 121 B.C.A.C. 227; 198 W.A.C. 227 (S.C.C.), refd to. [para. 214].

Conseil de Dufferin et Peel et al. v. Min­istre de l'éducation et de la formation (1996), 30 O.R.(3d) 681 (Gen. Div.), refd to. [para. 224].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 23 [para. 3].

Education Act, S.N.S. 1995-96, c. 1, sect. 11, sect. 12, sect. 13, sect. 14, sect. 15, sect. 16 [para. 4].

Authors and Works Noticed:

Canada, Commissioner of Official Lan­guages, Official Language Minority Education Rights in Canada: From In­struction to Management (1991), p. 166 [para. 38].

Counsel:

Joel E. Fichaud, Q.C., and Melanie S. Comstock, for the applicants;

Alexander M. Cameron, for the respon­dent, Minister of Education;

Noella M. Martin, for the respondent, le Conseil Scolaire Acadien Provincial.

This application was heard on October 18-20, 1999, at Halifax, N.S., before LeBlanc, J., of the Nova Scotia Supreme Court, who delivered the following judgment on June 15, 2000.