P.E.I.’s French-language school board is ready to sue the province over what it believes is misallocated federal funds.
The board filed formal notice Friday to sue the provincial government before the Supreme Court of Prince Edward Island.
The province has 90 days to satisfactorily address the board’s request to stop using federal funds allocated for French-language education to reimburse regular operations and, instead, to invest it to meet the priority needs of the French-language school board, its students, their parents, and the Acadian and Francophone community.
They also want the province to “meaningfully consult’’ the board when determining the priority education needs of the Acadian and francophone community, and to inform the board on how it spends the federal funds earmarked for French-language education.
The board alleges the province repeatedly violated a section of the Charter of Rights and Freedoms during federal-provincial negotiations leading to the 2013-18 agreement on French-language education, as well as during its implementation.
The agreement stems from the federal Official Languages in Education Program. Since 2013, Ottawa has invested $1.5 million annually to support education in French as a first language. The agreement called on the province to invest the same amount.
“The first problem is the province negotiating with Ottawa an agreement officially for the benefit of the French-language school board without truly implementing the needs as expressed by the French-language school board,’’ says Mark Power, a lawyer specializing in education law that is representing the school board in the suit.
“Second problem,’’ he adds, “is that once those agreements are signed, it doesn’t really matter anyways because the province is spending that money as it wishes despite the fact that the French-language school board has been saying ‘look, stop it, don’t do this anymore. Spend the money here, rather than there.’’
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Emile Gallant, chairman of the French-language school board, says the board has met with the province many times over the last five years to discuss concerns over how the money is being spent by the province.
He says the province simply does not want to listen.
“So, we’ve kind of said ‘we’re drawing a line in the sand,’’’ he says.
“We have 90 days to sit down and reach an agreement or else we will be going to court.’’
Power is optimistic the funding allocation dispute between the province and the French-language school board will not end up in court.
“I don’t think this case will ever go before a judge,’’ he says.
“The French-language school board wants to think that common sense will prevail.’’
Power adds if the suit were to proceed, it would enter relative unchartered legal water.
“It is not normal for courts to be called to interpret federal/provincial agreements for the benefit of a minority,’’ he says.
Education, Early Learning and Culture Minister Jordan Brown did not comment specifically on the French-language school board’s notice of intent to sue, but did note the department is proud of the French first language education programs and growing enrollments.
“We continue to invest more in French first language programs than what is required,’’ he said in a statement.
“In 2014-2015, spending per French first language student was $17,384 compared to $10,527 per student in English programs.’’
He adds five of the six French first language schools have recently been built or renovated and 20 percent of the current provincial capital budget is allocated to French schools which serve five percent of the student population.
“Our door has always been, and continues to be, open to the French board to discuss and address issues,’’ he says.
