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Premier's pledge to drop DEC dissolution yet to be fulfilled, court to set hearing dates

Premier's pledge to drop DEC dissolution yet to be fulfilled, court to set hearing dates

CBC
Friday, November 15, 2024 07:35:38 AM UTC

Court cases between the province and a school district stemming from changes to Policy 713 continue to move ahead, despite the premier's promise that at least one of the cases would be dropped.

Former education minister Bill Hogan asked a judge to approve dissolving the Anglophone East district education council over its spending on a lawsuit challenging changes to the gender identity policy. The district also sought a judicial review of Hogan's decision to not cover the education council's legal costs.

Premier Susan Holt has said the province would drop the dissolution request. Holt also said she supports the principle of education councils being able to hire lawyers to sue the province.

The two cases were back in Moncton court Thursday morning. Court of King's Bench Justice Christa Bourque asked if there was an update. 

Clarence Bennett, a lawyer representing Education Minister Claire Johnson, said he had yet to receive new instructions following the October election. 

"The minister has been in that position for less than two weeks, as well she's still being briefed on the issues around Policy 126 and everything related to it," Bennett said, referring to a policy dealing with whether the province funds education council legal costs.

"We're content to schedule the three days for the hearing that [Anglophone East lawyers] requested."

Bennett said he hoped the dates could be set to give the minister enough time to decide whether any aspects could be resolved without the hearing. 

"But other than that, I can't do anything today to help the court other than keep the matter moving."

The judge said the court clerk would communicate with the lawyers about potential dates for the hearing. 

Bourque asked the lawyers to provide an update if there are changes, noting the court could use the time for other cases.

Darren Blois, a lawyer representing the district education council, said in an interview Thursday that he's confident the province will follow through on the premier's commitment. 

"It's frustrating that the bureaucracy hasn't been able to get those instructions down to the government's lawyers yet so it can be made official in court," Blois said. 

While the cases remain active, Blois said the legal bills continue to increase. 

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