2015

The Supreme Court of Canada rules on issues of bias and the role of the Yukon Francophone School Board in admissions

The Supreme Court of Canada first looked into the apprehension of bias on the part of the trial judge and found problems with the trial judge’s conduct.

The Court then determined the Yukon Francophone School Board’s role in setting admission criteria.

The Court found that the trial judge’s involvement as governor of the Fondation franco-albertaine was not enough to affect the presumption of impartiality.

The Court also found that the Yukon Francophone School Board is not entitled to unilaterally decide whom to admit to the French-language school. Admission criteria are set out in the French Language Instruction Regulation. The Court was of the opinion that a province or territory can delegate the authority to set admission criteria to a school board. However, in this case, Yukon had not delegated that authority. Without this delegation, the Yukon Francophone School Board did not have the authority to unilaterally set criteria that were different from what was set out in the Regulation.

In August 2016, the Yukon Francophone School Board was granted full control over admissions for its schools.