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Supreme Court overturns N.W.T. decision blocking students߲о admission to French school

The children didn߲оt have a constitutional right to attend a francophone school
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The Northwest Territories education minister erred in refusing to allow students from five families to attend a French school, the Supreme Court of Canada said Friday. The flag of the Supreme Court of Canada flies on the east flag pole in Ottawa, on Monday, Nov. 28, 2022.THE CANADIAN PRESS/Sean Kilpatrick

The Supreme Court of Canada ruled Friday that the Northwest Territories education minister erred in refusing to allow students from five families to attend a French-language school.

The children didn߲оt have a constitutional right to attend a francophone school in the territory because they didn߲оt fit certain criteria, such as French being their mother tongue or the language of previous education.

But a francophone school board recommended they be admitted anyway to help promote the language.

The parents first requested the transfers in 2018 and 2019, but the minister denied them, kicking off a protracted court battle.

The Supreme Court߲оs unanimous decision says the territory߲оs government should have considered the preservation and development of minority language communities.

Justice Suzanne Côté wrote in the decision that ߲оpopulation growth in the minority language community helps to ensure its development and prevent its decline.߲о

She said admitting the children to the school would have helped prevent ߲оcultural erosion.߲о

The minister put too much emphasis on the cost of admitting the students to the schools, the court found.

The minister also didn߲оt duly consider that the children involved already had a sound knowledge of French and significant ties to the francophone community, the decision said.

While the Supreme Court of the Northwest Territories sided with the parents and school board and set aside the minister߲оs decision, the territorial Court of Appeal restored it.

Friday߲оs final decision overturns that appeal decision.

The children in question have either since been admitted to the schools or no longer live in the territory.

Anja Karadeglija, The Canadian Press

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