Summary
Francophone parents in five school districts applied for an order that French-language facilities and programs be provided at the secondary school level as required by s. 23 of the Canadian Charter of Rights and Freedoms. The trial judge found a s. 23 violation because Province had failed to prioritize these obligations and ordered “best efforts” to provide school facilities and programs by particular dates. Supreme Court had previously found in Mahe that Section 23 places positive obligations on governments to mobilize resources and enact legislation for the development of major institutional structures. The trial judge retained jurisdiction to hear reports on the status of the efforts made over time. The Province appealed the part of the order in which the trial judge retained his jurisdiction to hear reports. The Court of Appeal allowed the appeal, finding that the Charter does not extend a court’s jurisdiction to enforce its remedies.
The Supreme Court of Canada allowed the appeal and restored the trial judge’s remedial order. The majority held that courts must issue effective, responsive remedies that guarantee full and meaningful protection of Charter rights. The boundaries of the courts’ proper role will vary according to the right at issue and may in some cases require the introduction of novel remedies. The Court found that the remedy in this case was properly judicial, vindicating the rights of the parents while leaving the detailed choices of means largely to the executive.
Keywords: Doucet-Boudreau v. Nova Scotia (Minister of Education), Justiciability, Enforcement, ESCR, Legal, Remedies