Commission scolaire francophone du Yukon no. 23 v. Yukon (Procureure générale)

Commission scolaire francophone du Yukon no. 23 v. Yukon (Procureure générale)

Appeal allowed because the trial judge's conduct during the proceeding (demeaning treatment of government counsel, procedural refusals, unfair post‑judgment costs procedure) together with his ongoing role as a governor of the Fondation franco‑albertaine created a reasonable apprehension of bias; because virtually...

Source-derived case information.

Citation
2014 YKCA 4
Parties
Respondent (plaintiff): La Commission scolaire francophone du Yukon no. 23; Appellant (defendant): Procureure générale du Territoire du Yukon
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
11 February 2014
Procedural Posture
Charter / Education / Administrative Law Appeal / Court of Appeal Judgment (appeal Allowed; Remitted for New Trial)
Outcome
Appeal allowed; trial judge's order set aside; factual findings vacated; matter remitted for new trial before a different judge; each party to bear its own costs of this appeal; trial costs left to discretion of judge who hears new trial; Court reserves jurisdiction to make interim orders.
Legal Topics
Section 23 Charter Rights, Languages Act S.6, Reasonable Apprehension of Bias/recusal, Costs Procedure, School Board Admissions, Employment Contracts for Principals, Fiduciary Obligation Re Federal Funds, Interim Injunction Procedure
Source Language
english
Constitutional Law Education Law Administrative Law Language Rights Judicial Ethics and Recusal Fiduciary Duty Statutory Interpretation Section 23 Charter Rights +7 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

La Commission scolaire francophone du Yukon no. 23

Respondent (plaintiff)

Procureure générale du Territoire du Yukon

Appellant (defendant)

Procedural Posture

Charter / Education / Administrative Law Appeal / Court of Appeal Judgment (appeal Allowed; Remitted for New Trial)

Legal Issues

  1. 1 Whether there was a reasonable apprehension of judicial bias requiring recusal and vacatur of factual findings
  2. 2 Whether Education Labour Relations Act s.105 permits fixed‑term contracts for school principals
  3. 3 Whether s.23 of the Charter grants minority language school boards an automatic constitutional right to admit children who are not s.23 rights‑holders

Ratio Decidendi

Appeal allowed because the trial judge's conduct during the proceeding (demeaning treatment of government counsel, procedural refusals, unfair post‑judgment costs procedure) together with his ongoing role as a governor of the Fondation franco‑albertaine created a reasonable apprehension of bias; because virtually all trial relief depended on findings of fact, the trial judgment was set aside and the matter remitted for a new trial before a different judge. As matters of law the Court held the trial judge erred in interpreting Education Labour Relations Act s.105 to permit fixed‑term contracts for principals, and erred in concluding s.23 confers a unilateral constitutional right on a...

Court Disposition

Appeal allowed; trial judge's order set aside; factual findings vacated; matter remitted for new trial before a different judge; each party to bear its own costs of this appeal; trial costs left to discretion of judge who hears new trial; Court reserves jurisdiction to make interim orders.

Orders

  • Set aside the Supreme Court of Yukon judgment and orders (2011 YKSC 57 and 2011 YKSC 80) to the extent they rest on factual findings
  • Remit the matter for a new trial before a different judge