Notes
Page 36 of 42
14 Arsenault-Cameron v. Prince Edward Island, [2000] 1 S.C.R. 3.
15 The School Act, R.S.P.E.I. 1988, c. S-2, as am. by the School Act, S.P.E.I. 1993, c. S-2.1 provides that members of the French-speaking minority “have the right to participate in the administration and management of French first language instruction” [subsection 112(3)]. The School Boards Regulation (EC225/96) establishes the province-wide French school board and provides that it “shall have jurisdiction over and administer French language instruction in the province in accordance with the Act and the regulations.” For a more detailed description of the statutory provisions and regulations see: School Governance: The Implementation of Section 23 of the Charter, pp. 46-50; Office of the Commissioner of Official Languages; Public Works and Government Services Canada, 1998; Cat. No. SF31-36/1998; ISBN 0-662-63710-0.
16 School Act Regulations (EC674/76), as amended to May 1, 1996, at subsection 6.01(f).
20 Id. at subsection 6.08(1). This subsection also provides that the board “may conduct a pre-registration of section 23 children in order to determine the demand for French language instruction in the area.”
21 The regulations identify a number of factors the Minister should consider to determine whether a sufficient number of children can be reasonably assembled: a) the proximity of existing classes and facilities to the area; b) the number of section 23 children in the area; c) the potential for future admissions; d) the distances over which the children must be transported; e) the ages of the children. Id. at subsection 6.08(3).
22 For a more detailed examination of the Court of Appeal decision see a previous publication of the Commissioner of Official Languages: Language Rights in 1998, pp. 18-22; Public Works and Government Services Canada, 1999; Cat. No. SF31-34/1998; ISBN 0-662-63912-X.
23 Supra, note 14, at para. 26.
34 Doucet-Boudreau v. Nova Scotia (Minister of Education), (2000) 185 N.S.R. (2d) 246; (N.S. Supreme Court), LeBlanc J. The decision is now before the Nova Scotia Court of Appeal to determine if the trial judge had the authority to maintain his jurisdiction to ensure that his decision will be implemented.
