Saskatchewan v Conseil scolaire Fransaskois, 2014 SKQB 285
The plaintiff Conseil Scolaire Fransaskois ("CSF"), which was established pursuant to The Education Act, 1995, S.S. 1995, c. E-0.2, is mandated to manage and operate French language schools in Saskatchewan. The function of the CSF and of those schools is to provide access to minority language education in a manner that complies with s. 23 of the Canadian Charter of Rights and Freedoms (the "Charter").
The CSF believes that the Government of Saskatchewan ("the Government") does not provide sufficient funding to enable the CSF to fully carry out that function, resulting in a breach of s. 23. The CSF accordingly commenced this action, seeking a declaration which would define the Government's obligation to provide funding pursuant to s. 23, confirm that the CSF has certain management powers and deal with certain associated issues. The CSF also seeks damages for past underfunding. It has, in the course of this action, successfully applied on four occasions for interim interlocutory injunctions requiring the Government to provide additional funding pending the trial of this action.
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