Fort Smith parents take French education fight to court

A group of seven parents is taking the NWT government to court in the hope of establishing French education programming in Fort Smith.

The group, dubbed Parents pour l’instruction en francais de Fort Smith, alleges the territorial government has violated its Charter rights by refusing to provide French as first-language programming for group members’ children.

Section 23 of the Canadian Charter of Rights and Freedoms guarantees minority language educational rights to French-speaking communities outside Quebec.

French immersion is available for students from kindergarten through Grade 6 at Joseph Burr Tyrrell Elementary School in Fort Smith. It is no longer offered at Paul William Kaeser High School.

One of the parents said pulling the French immersion program from the high school was “a sad loss” for her youngest daughter, who had been enrolled. She said it represents a real risk of linguistic and cultural loss for French-speaking families in Fort Smith.

“She had an excellent teacher and a small class size. The language instruction and educational experience was phenomenal,” Sarah Tomkins wrote in an affidavit.

“Losing the French immersion program at PWK is a huge loss for the community and for French speaking families. Fort Smith has a uniquely large and rich French community and so it doesn’t even make sense to cut any French education in our schools from my perspective.”

According to the NWT Bureau of Statistics, in 2021, 5.1 percent of the 1,475 people across the territory with French as a mother tongue lived in Fort Smith.

Four percent of the 4,395 people in the NWT with knowledge of French lived in the town that year.

What the court challenge is asking

The parents want to open a separate French-language school in Fort Smith for 50 students from preschool to Grade 12.

They are seeking an order from the NWT Supreme Court requiring the territorial government to immediately approve and provide finances to launch French-language programming for three years.

They said that should include $760,415 to fund three teaching positions, one classroom assistant and one administrative role.

The group also wants funding for classroom space and maintenance as well as an agreement for equitable access to facilities such as a gymnasium, laboratories, kitchen and a library, as well as participation in sports teams, extracurricular clubs and cultural or community school activities.

The parents said they will suffer irreparable harm if the court does not grant their request.

Parents accuse minister of abdicating responsibilities

The legal action comes after the parents said NWT education minister Caitlin Cleveland refused their request to start a French education program in Fort Smith.

The parents said they sent letters to Cleveland and Premier RJ Simpson formally requesting French-language programming in June, August and November 2024. They proposed a program could start with 12 to 23 students in its first year and involve more than 50 students by 2037.

The parents said the minister rejected that plan. They accused her of abdicating her responsibilities under the Charter.

They are seeking symbolic damages of $10,000 for each parent for the denial of their minority language education rights and resulting delays to the formation of a French language program.

They are requesting a further $1 million in punitive and exemplary damages to deter and hold the NWT government accountable for Charter rights violations.

In a press release, the Commission scolaire francophone des Territoires du Nord-Ouest – or CSFTNO, the territory’s francophone school board – said it “salutes the determination and courage of the Fort Smith parents.”

The organization said it had raised the possibility with the NWT government of offering French-language programming in Fort Smith for the past two years.

“It is unfortunate that it seems necessary for parents to go to court to achieve their goal, a goal shared by the CSFTNO, particularly since the CSFTNO believes that the number of children whose parents are entitled to rights under section 23 of the Canadian Charter of Rights and Freedoms justifies the opening of a program in Fort Smith,” the organization stated.

GNWT says it values contributions of francophone community

The NWT government has not formally responded to the legal challenge.

In a statement to Cabin Radio, Cabinet communications said Cleveland was aware of the legal proceedings.

The NWT government said it would not comment on the specifics of the case but acknowledged “the importance of providing high quality education in both of Canada’s official languages.”

“The Department of Education, Culture and Employment is committed to working collaboratively with all partners in education, including the Commission scolaire francophone des Territoires du Nord-Ouest, to support student success and meet our obligations under the Canadian Charter of Rights and Freedoms,” the territorial government stated.

“We value the contributions of the francophone community and continue to invest in programs and services that reflect the diverse needs of learners across the territory.”