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End of the legal line for Francophones

Paul Bickford
Northern News Services
Published Monday, March 9, 2009

SOMBA K'E/YELLOWKNIFE - A decade-long legal odyssey over the GNWT's French-language services has come to an end.

On March 5, the Supreme Court of Canada refused to hear appeals by both the GNWT and the Federation Franco-Tenoise, representing NWT francophones.

The court gave no reason for not hearing the appeals.

"We're very disappointed that the Supreme Court did not seize the opportunity to clarify the many questions that are remaining," said Fernand Denault, president of the Federation Franco-Tenoise.

The case began in 1999 when the federation sued the GNWT for more services in French.

In 2006, the NWT Supreme Court ruled the GNWT's French-language services were inadequate and ordered changes, including more French-speaking civil servants and for documents, including Hansard, to be available in English and French. The GNWT took the case to the NWT Court of Appeal, which ruled in 2008.

The order for Hansard to be in French and English was overturned.

The Court of Appeal ruled the GNWT had to offer French-language services in areas of confidentiality or security. However, non-urgent questions could be answered in French by an automated telephone line.

The GNWT was also ordered to pay the federation's legal bills.

Denault said there have been other court decisions ordering the GNWT to work with the federation, for both sides to look at government institutions, and for designated positions and points of access for service in French.

The federation president said, because of the still-standing court orders, the legal effort was worth it.

Dan Daniels, deputy minister of Education, Culture and Employment, said the GNWT sought to appeal because of a number of orders in the 2008 ruling.

They include the court order that a comprehensive implementation plan be developed by June 2009 and that a legislative definition of significant demand for French-language services be ready by March 2009.

"The clock is ticking," Daniels said.

The court orders allow some possibility of extensions and that will be discussed with the federation, he said, adding the timing issues may end up back in court.

Daniels said the GNWT spends roughly $1.6 million annually to deliver services in French.

"There definitely has been a fair amount of progress in recent years," he said, pointing to single-window access for services in French in Yellowknife, some websites and publications with information in French, and other initiatives.

Daniels said the government will continue to work with the federation to identify priorities for action.

As speaker of the legislative assembly, Paul Delorey is pleased the Supreme Court of Canada didn't hear the appeals.

It means the NWT assembly has as much parliamentary privilege as any Canadian legislature to establish rules, including what documents should be in French and English, he said. "It's our decision."