Statement from the Commissioner of Official Languages on the Supreme Court of Canada's decision in the Commission scolaire francophone des Territoires du Nord-Ouest's case against the Minister of Education, Culture and Employment of the Northwest Territories
GATINEAU, QC, Dec. 8, 2023 /CNW/ - Commissioner of Official Languages Raymond Théberge made the following statement today following the Supreme Court of Canada's decision in the Commission scolaire francophone des Territoires du Nord?Ouest's case against the Minister of Education, Culture and Employment of the Northwest Territories:
"I'm delighted that the Supreme Court of Canada has agreed with the arguments that the community presented and that I advanced as an intervener in the case between the Commission scolaire francophone des Territoires du Nord-Ouest and the Minister of Education, Culture and Training of the Northwest Territories.
"The Court ruled that the Minister had to consider and balance the values supporting section 23 of the Canadian Charter of Rights and Freedoms when assessing applications for admission of children not covered by this section to minority language schools.
"This decision will help prevent the ongoing linguistic erosion experienced by Canada's official language minority communities and will support particularly vulnerable communities such as those in the Northwest Territories. As the Supreme Court recognized, education in the official language of the minority is fundamental to the vitality of these communities, and minority language schools are the most important institutions for the survival of our official language communities.
"I'm also pleased that the Court has recognized that provincial and territorial governments must consider the recommendations of school boards regarding these admissions. The school boards are best placed to determine how best to fulfill their section 23 mandate to preserve the minority language and culture by transmitting it to students.
"I'm disappointed, however, that the Supreme Court did not rule on the right to be heard and understood before the courts. A ruling could have helped clarify an important aspect of access to the courts in both official languages: the right to be understood when interacting with the courts. The protection and promotion of English and French by the judicial system have a powerful effect on the vitality and use of Canada's official languages. Even in strong minority situations, an official language is not a second-class language, and the courts must not treat it as such.
"I'd like to take this opportunity to applaud the enormous efforts of the Franco-ténoise community and its unwavering commitment to advancing the rights of official language minority communities."
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SOURCE Office of the Commissioner of Official Languages
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