Source: CanLII

Rodgers et al c GTNO, 2025 CSTNO 44
Date: 2025-06-18
Docket: S-1-CV-2025-000 135

BETWEEN:

Renée Rodgers, Geneviève Côté and Parents pour l’Instruction en français à Fort Smith

-and-

Gouvernement des Territoires du Nord-Ouest

REASONS FOR JUDGMENT
(APPLICATION TO SHORTEN TIME LIMITS)

Heard: June 11, 2025 (by teleconference)

[1] The Applicants have brought an application for a mandatory interlocutory injunction:

• 1. Declaring that the Respondent's refusal to operate a French as a First Language (FLP) program in Fort Smith is contrary to its obligations under article 23 of the Canadian Charter of Rights and Freedoms;
• 2. Requiring the Respondent to set up an FLP program in the municipality of Fort Smith beginning in September 2025 and to run this program for three years. There are specific implementation details of this program included in the application.

[2] The Applicants argue that the court may grant this relief pursuant to subsection 24(1) of the Charter.

[3] This motion is brought in the context of an action by the Applicants for declarations of rights pursuant to article 23 of the Charter in order to establish the right to a distinct francophone school in Fort Smith as well as damages.

[4] This case management conference was held to discuss the Applicants' application for an order to shorten the time limits set for the preliminary steps and the hearing on the merits.

[5] These reasons do not address the procedural aspects of the application, but rather the deadlines leading up to the hearing of the application for relief pursuant to subsection 24(1) of the Charter. However, given the factors to be considered for this motion, I consider and discuss specific substantial aspects of the application. This being said, in this decision, I do not decide on the merits of the substantive issues and the Charter remedies sought.

[6] For the reasons that follow, I am of the view that the motion to shorten time limits should be rejected.

[7] The Applicants identify as parents entitled to the right to minority language education guaranteed by article 23 of the Charter exercising their constitutional linguistic rights. They argue that other parents who do not claim to be entitled to this right, but whose children could qualify under an admission regime at an FLP school established by the territorial government, support their application.

[8] In June 2024, the parent Applicants sent a formal demand letter to the Minister of Education, Culture and Employment and the premier of the Northwest Territories demanding the implementation of an FLP education program in Fort Smith commencing in September 2024.

[9] In their letter of August 2, 2024, the Minister refused their demand for the 2024-2025 school year. They explained, among other things, that it would not have been possible to establish such a program in such little time.

[10] There was an exchange of letters between the parents and the Minister where the parents sought to address the issues raised by the Minister.

[11] Finally, on March 28, 2025, the Minister refused to put into place an FLP education program in Fort Smith. The Applicants are of the view that by refusing the parents' request, the Minister has abdicated their responsibilities proscribed by section 23 of the Charter. On May 28, 2025, they filed the present matter and a motion for a mandatory interlocutory injunction.