Constitutional challenge by the government of Nova Scotia to a remedial order under ss. 23 and 24(1) of the Canadian Charter requiring prioritized development of minority language French education with periodic reporting to court; Right to (minority language) education; Positive obligations; Ongoing judicial supervision of implementation of remedy; Right to effective remedy to ESC rights violations.
The Supreme Court of Canada recognized that the appeal before it was moot. The schools at issue had already been built, the desired effect of the trial judge’s order had thus already been achieved and no further reporting sessions were necessary. However, the appeal was heard based on the fact that it would provide guidance regarding the nature and the extent of remedies under the Charter while assisting parties in similar circumstances as the appellant.
The decision is important for its defense of effective judicial remedies for violations of progressive realization of social and economic rights. The previous decision of the Court of Appeal to strike down the supervisory order was cited by the South African Constitutional Court as support for limiting the use of supervisory orders in Minister of Health v Treatment Action Campaign (No 2) 2002, so advocates in South Africa have since relied on the reversal by the Supreme Court to argue for a wider use of such orders.
Fédération des parents acadiens de la Nouvelle-Écosse http://www.fpane.ca/