Conseil-scolaire francophone de la Colombie-Britannique v. British Columbia (Education), 2016 BCSC 1764
The plaintiffs bring this claim pursuant to s. 23 of the Canadian Charter of Rights and Freedoms, which guarantees minority language education to certain categories of Francophones where the numbers so warrant.
Here, I will summarize, in brief, my conclusions concerning the plaintiffs’ most important arguments. To the extent any of my conclusions in this summary differ from the conclusions in the balance of the decision, the conclusions elsewhere in the decision take precedence.
I find that s. 166.25(9) of the School Act, R.S.B.C. 1996, c. 412 which restricts admission to CSF schools to s. 23 rightsholders and the children of non-citizens who would otherwise be rightsholders is not contrary to s. 23 of the Charter. That questions was decided in Yukon Francophone School Board, Education Area #23 v. Yukon (Attorney General), 2015 SCC 25, and I am bound by that decision.
The plaintiffs claim that they are entitled to three types of discrete resources and facilities: increased funding pursuant to the Annual Facilities Grant, increased funding for transportation and space for early childhood education.
The plaintiffs have not shown that the CSF is disadvantaged by the way in which the Annual Facilities Grant is calculated. However, I find that the Province breached s. 23 by failing to apply the AFG Rural Factor to the CSF in 2008/09, 2009/10 and 2010/11. The Ministry treated the CSF differently from majority boards despite recognizing that it might not be appropriate to do so. However, I find that breach is reasonably justified in a free and democratic society.
With respect to most rights breaches, I find that declarations are the most appropriate remedy. Where the Province’s laws and policies materially contributed to a rights breach, I declare them to be contrary to s. 23 and/or make a declaration delineating what rightsholders are entitled to. Where the CSF is responsible, I make a declaration affirming the CSF’s jurisdiction to remedy the situation. However, to ensure those remedies are effective, I make two further orders in support of the CSF. (para 1-5, 24)
