Court of Appeal green-lights francophone school closure
The New Brunswick Court of Appeal has reversed a court ruling that found the government overstepped its powers when it shuttered a small francophone school in the southeast.
Thursday's decision dismissed JusPublishtice Zoël Dionne's ruling revoking the 2016 closure of École Saint-Paul, which parents in the village north of Moncton fought to save.
Dionne ruled in May that then-education minister Serge Rousselle did not have the power to close the school before the Francophone South district education council could conduct a sociolinguistic study.
The province appealed Dionne's decision, arguing he made "errors in interpretation, and in the application of legal principles, and in pertinent facts."
Justice Ernest Drapeau, one of three judges presiding over the appeal, said the reasons for overruling Dionne will be provided at a later date.
Nadine Arsenault and Marc Henrie, spokespersons for the parents in Saint-Paul, about 40 kilometres from Moncton, said they are disappointed with the decision and they intend to come back to the school district to get a school.
École Saint-Paul had 62 students from kindergarten to Grade 8 when it closed in April 2016.
A spokesperson for the Department of Education and Early Childhood Development could not be reached immediately.
Policy 409 debated
Isabel Lavoie-Daigle, the province's lawyer, said Policy 409, which outlines the process for closing schools, was respected by the local district education council and the education minister.
The policy says a council can recommend closure of a school, and the recommendation is then sent to the minister for approval.
The district education council followed the requirements for public consultations and decided the school was not viable.
The council then decided to study whether the closure might affect student and parent rights under Section 23 of the Charter of Rights and Freedoms, which guarantees minority-language education.
Dionne said the council hadn't made its final decision, meaning Rousselle overstepped in closing the school.
Lavoie-Daigle said Thursday that a sociolinguistic study is not part of the usual Policy 409 process. In its appeal filings, the province said the study is not a constitutional obligation.
Lavoie-Daigle argued it was Dionne who exceeded his powers and interfered with Rousselle's decision.
Basil Chiasson, the lawyer representing the parents challenging the closure decision, argued Policy 409 is only a guide and the education council decides if a school will be closed.
The council did not appeal Dionne's decision.
Chiasson told Radio-Canada he believes the Court of Appeal decision confirms the education minister's authority to close the school.
According to him, the file is now political.
Paul Demers, the president of the Francophone South School District, said the end of the proceedings will allows the dialogue with the parents to resume.
— With files from Michel Nogue of Radio-Canada and Jacques Poitras
