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N.B. early French immersion cuts 'unfair and unreasonable': judge

Last Updated: Wednesday, June 11, 2008 | 2:24 PM AT

CBC News

A provincial court judge quashed the New Brunswick government's decision to scrap early French immersion programs on Wednesday.

Justice Hugh McLellan, of the Court of the Queen's Bench in Saint John, ruled there should be a judicial review into the cancellation of the early French immersion program, which was offered to students entering Grade 1.

In his seven-page decision, McLellan wrote that the decision to cut the French education program was "unfair and unreasonable."

"The application for judicial review is allowed. The minister's decision to phase out early French immersion is removed into the court and quashed."

Education Minister Kelly Lamrock announced in March that the province was cutting the program in favour of a five-month intensive French program for all Grade 5 students, effective this coming September. In Grade 6, the students would then have the choice of moving into a late immersion program or continuing to take French as a single-class mandatory subject until they graduate from high school.

"The government just got handed a speeding ticket," Michael Wilcott of Citizens for Educational Choice said after the judge's decision.

Breach of contract alleged

The group had called on the court to delay the program's cancellation. The court challenge dealt with two specific children who are currently enrolled in kindergarten and registered to start early French immersion in the fall, but the case will affect the entire province.

Lawyers for parents Paula Small and Patrick Ryan, whose children were registered for the program in February, also argued that allowing parents to enrol their children in the program and then later cancelling it amounted to a breach of contract.

McLellan said that parents who had enrolled their children in the program for the fall "had a reasonable and legitimate expectation that program would not be cut without them having a real opportunity to be heard by the minister."

The parents' lawyer also argued the cuts violated the right to minority language education that is enshrined in the Charter of Rights and Freedoms. McLellan rejected this argument.

The province's lawyers argued there was no breach of the charter and there was plenty of time for parents to have their say.

McLellan said any future decisions on the program "should be made in accordance with the principles of fairness after an appropriate opportunity for interested citizens and organized groups to be heard."