Judge denies fast-track request in Fort Smith French-language education case

A judge has rejected a request to fast-track a case involving French-language education in Fort Smith, N.W.T.

The case was brought forward by a group of parents called Parents pour l'instruction en français de Fort Smith, who are suing the territorial government, saying their rights under the Charter are being denied because because Fort Smith currently has no French language school or program for Francophone students.

The parents asked the court to speed up the legal process in hopes of launching a French first-language program this September. However, in a decision issued June 18, the judge ruled that the timeline wasn't realistic, even if the parents eventually win their broader case against the territory.

N.W.T. Supreme Court Justice Paul Rouleau said too many steps remain before a program can begin. He also said that Fort Smith is not currently within the jurisdiction of the territory's Francophone school board, a process that would require government approval.

Geneviève Côté, one of the parents involved in the case, said they are now looking at two years without French-language education, and that lost time makes a big difference in a child's life.

"I think it was worth the attempt to offer something for our Francophone children as soon as possible," she said.

This is the fifth time a Francophone group in the N.W.T. has taken the government to court over education rights. Audrey Fournier with La Fédération franco-ténoise said the territory is responsible for supporting all 11 official languages, including French and Indigenous languages.

The territorial government wouldn't comment on the ongoing case, but said it supports education in both of Canada's official languages.

Côté said they're not asking for a new French-language school in Fort Smith until the enrolment numbers can justify it. They only want the ability to start a small program under the territory's French-language school board.

The group spent the past year trying to work with the Department of Education. In February, the parents had what they felt was a hopeful conversation with Education Minister Caitlin Cleveland, but in March, the territory said no to the proposed program. The group filed its lawsuit in May.

"It's just really kind of a bummer," she said. "We really thought that we could work together, and now we're have to [sue them], and it sucks."

The group is asking the court to declare that the government's refusal violates Section 23 of the Charter of Rights and Freedoms, which guarantees minority-language education.

Côté said the current setup doesn't meet Francophone families' needs, and it's not enough to ensure kids keep their first language. She said her five-year-old is already shifting to English at home, and that it takes repeated reminders to speak French to her.

"If I stop making him repeat, then he will stop speaking to me in French," she said. "If I fall into that cycle … then that language, his handling of our heritage language, will be lost."