Question Period Note: Decision of the Supreme Court of Canada on French Education in British Columbia

The Supreme Court of Canada rendered a decision on June 12, 2020, on the appeal of a judgment by the British Columbia Court of Appeal on a question related to the funding for French education in this province.

• Our government took notice of the Supreme Court decision in this case between francophone parents in British Columbia and their province.
• For nearly 50 years, the Government of Canada has been supporting minority language education, with investments of over $149 million annually in collaboration with the provinces and territories, including British Columbia. Moreover, an additional $15 million per year was announced for 2019-2020 to 2022-2023.
• We will continue to support and encourage British Columbia, as well as all Canadian provinces and territories, to offer their Francophone minority communities a quality French-language education, while respecting provincial and territorial jurisdiction in education.

• On June 12, 2020, the Supreme Court of Canada rendered a decision in the case opposing the Conseil scolaire francophone (CSF) and the Fédération des parents francophones de Colombie-Britannique (FPFCB) to their province. In essence, the decision is motivated by the principle that all children deserve the same opportunities for success. As a result, both minority and majority students should have the same educational experience at school.
• The CSF and the FPFCB considered that French schools in their province are underfunded compared to English schools, which contravenes section 23 of the Canadian Charter of Rights and Freedoms (Charter), which deals with the right to education in the minority language.
• The Province replied that it could not provide all the services that the CSF wanted because it was too expensive. It stated that there were not enough students to justify these expenses.
 

• Section 23 of the Charter grants certain Canadian parents the right to have their children educated in the minority official language at the primary and secondary levels from public funds. The right is exercised wherever the number of children is sufficient to justify instruction in the minority language. This right applies to parents: (1) whose mother tongue is French or English (not applicable in QC);
(2) who have received their primary education in this language; and (3) whose child received or is receiving instruction, at the elementary or secondary level, in French or English in Canada. These parents will have the right to have all their children educated in this language.
• At the first proceedings, the CSF and the FPFCB partially succeeded. The judge found that some of the Province’s administrative procedures for funding minority language education unjustifiably violate the right protected by section 23 of the Charter. For some schools, the province is responsible for the inadequate facilities, but these violations of section 23 of the Charter were justified under section 1 of the Charter (according to which it is possible to restrict the rights set out in the Charter within reasonable limits which can be demonstrated in a free and democratic society.) The judge awarded damages for violating the Charter due to the Province's failure to fund the transportation program adequately for a period of 10 years.
• The CSF and the FPFCB appealed to the British Columbia Court of Appeal, mainly because they were denied the $300 million in education investment projects they had requested.
o The Province cross-appealed the judge's decision to grant $6 million in damages for transportation costs.
o The appeal from the CSF and the FPFCB was dismissed, while the Province's cross-appeal was allowed: the damages awarded were therefore canceled.
• The CSF and the FPFCB applied for leave to appeal the judgment to the Supreme Court of Canada, which accepted it.
• On June 12, 2020, the Supreme Court ruled that governments cannot avoid being ordered to pay damages for decisions based on their policies, and therefore, that British Columbia has an obligation to pay $ 6 million for failing to fund school bus transportation. The province also has to contribute $ 1.1 million because it has not given enough funding to the school board for rural schools.
• The Official Language Minority Communities reacted enthusiastically:
o For the Fédération nationale des conseils scolaires francophones (representing the Canada’s 28 Francophone school boards in a minority context), this judgment is decisive for the future of the Canadian Francophonie and for French-language education in a minority context, and is essential to ensure adequate funding for French-language school boards.
o For the Federation of Francophone and Acadian Communities, "This is a historic decision for all Francophones in Canada. The Supreme Court has made it very clear that the right to education in the minority language is a fundamental right which cannot be limited by cost issues. "
• The Government of Canada is prepared to support the province in improving the educational infrastructure in British Columbia, while respecting the province’s jurisdiction in the area of education. Any contribution from the Government of Canada is conditional on the province submitting an application for funding and committing to covering a minimum of 50% of the total costs.

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