Anglophone education councils looking to courts to preserve powers
‘Strong argument’ that Charter protections apply to English boards, expert says
The councils could argue that language-equality provisions in the Charter of Rights and Freedoms entitles them to the same powers that the province is keeping in place for their francophone counterparts.
"It's certainly one of the arguments that they can put forward and I believe a strong argument for them," says Michel Doucet, a retired law professor and expert on language rights.
Anglophone East member Kristin Cavoukian says the four councils are considering "all of our legal options," but haven't made a decision on whether to go to court.
"We believe that there might be Charter issues involved, and we believe there might be other possibilities of potentially getting an injunction."
An updated Education Act, introduced by Education Minister Bill Hogan, passed first reading last week and is expected to be debated and win final approval in the legislature before the end of June. (Ed Hunter/CBC)
Last week, Education and Early Childhood Development Minister Bill Hogan introduced an updated Education Act in the legislature.
It will eliminate the decision-making power of the four anglophone district education councils, but will keep the status quo in place for the three francophone councils.
Hogan told reporters he had no choice.
Section 23 of the Charter gives the minority-language community in each province the right to govern their own schools.
"There are Charter rights on the francophone side as a minority community in our province, and we're not going to mess around with Charter rights," he said last week.
But Doucet says another section of the Charter could force Hogan to keep those same powers in place for the anglophone councils.
Section 16.1(1) of the Charter, which applies specifically to New Brunswick, says the province's two language communities have "equality of status and equal rights and privileges."
And it says that includes the right to "such distinct educational and cultural institutions as are necessary for the preservation and promotion of those communities."
Doucet says the case would not be a slam dunk because that section doesn't mention school governance.
There is a strong argument that the right is implied, but the province would likely argue "that the language is not exactly the same" as what's in Section 23, he said.
"But I believe there is a strong argument that the right to manage is included in Section 16.1."
He also pointed out a 2001 New Brunswick Court of Appeal decision interpreting Section 16.1(1) said that in some situations, the francophone minority may need to be "treated differently" to help it achieve equality.
That may make it harder for the anglophone education councils to argue that direct decision-making power is needed.
"I believe that might be the biggest obstacle that they might need to go over," he said.
Kristin Cavoukian, a member of the Anglophone East district education council, says the loss of decision-making power will affect decisions on building new schools for fast-growing city populations (Maeve McFadden/CBC)
Cavoukian said the province's recent plan to replace French immersion was an example of a measure that would target only anglophone schools.
"The Charter protects minority communities' autonomy over their education system for good reason. It's to protect them from government overreach," she said.
"Recent experience has shown that the anglophone community in this province also needs protection from this particular government's overreach."
'The whims of one man'
Cavoukian says the loss of DEC decision-making power will affect decisions on building new schools for fast-growing city populations and eliminate a council's ability to consult rural communities on school closures.
Under the current Policy 409, the minister identifies schools that should be studied for closure and the councils hold three-step public consultation before making a decision.
A minister can overrule a decision to close a school but can't close a school that the DEC wants to keep open — something Cavoukian says will now change.
"Getting us out of the way by removing our authority to make decisions basically removes the last line of defence and leaves our schools open to partisan politics, essentially, and whatever the whims of one man in Fredericton might be on any given day."
In 2015, the Anglophone East district education council voted to keep open two schools in Dorchester and Riverside-Albert that were studied for closure.
The provincial government did not comment on the possibility of a legal challenge or on the suggestion that Section 16.1(1) of the Charter could protect the decision-making power of anglophone education councils.
The new Education Act passed first reading last week and is expected to be debated and win final approval in the legislature before the end of June.
47 Comments
What's good for the goose is often not so good for the gander.
You understand these people are, themselves, taxpayers, right? Further, they serve the taxpayer in terms of helping to oversee the public education system from outside government and the teacher's union.
To suggest they have a "sphere of power" shows a bias or a lack of understanding. These councils were a check and balance against "power" being used to make public education a partisan issue.
"hugh.flemming" <hugh.flemming@gnb.ca>, "charles.murray"
<charles.murray@gnb.ca>, "Michel.Carrier" <Michel.Carrier@gnb.ca>,
"kris.austin" <kris.austin@gnb.ca>, "rick.desaulniers"
<rick.desaulniers@gnb.ca>, "michelle.conroy" <michelle.conroy@gnb.ca>,
"David.Coon" <David.Coon@gnb.ca>, "Mitton, Megan (LEG)"
<megan.mitton@gnb.ca>, "Arseneau, Kevin (LEG)"
<Kevin.A.Arseneau@gnb.ca>, "Holland, Mike (LEG)"
<mike.holland@gnb.ca>, "brian.gallant" <brian.gallant@gnb.ca>,
"denis.landry2" <denis.landry2@gnb.ca>, "robert.gauvin"
<robert.gauvin@gnb.ca>, "robert.mckee" <robert.mckee@gnb.ca>,
"bruce.fitch" <bruce.fitch@gnb.ca>, "bruce.northrup"
<bruce.northrup@gnb.ca>, David Amos <david.raymond.amos333@gmail.
Newsroom <Newsroom@globeandmail.com>, news <news@dailygleaner.com>,
news <news@kingscorecord.com>, sutherland.marie@
Cc: oldmaison <oldmaison@yahoo.com>, andre <andre@jafaust.com>,
"Jacques.Poitras" <Jacques.Poitras@cbc.ca>, "steve.murphy"
<steve.murphy@ctv.ca>, "David.Akin" <David.Akin@globalnews.ca>
---------- Forwarded message ----------
From: "Mitton, Megan (LEG)" <Megan.Mitton@gnb.ca>
Date: Mon, 4 Mar 2019 20:14:34 +0000
Subject: Automatic reply: RE French Immersion versus the Charter
To: David Amos <motomaniac333@gmail.com>
Bonjour,
Je suis absente du bureau, au retour le 12 mars 2019. Vous pouvez
communiquer avec ma coordinatrice de circonscription, Alice Cotton:
alice.cotton@gnb.ca.
Merci !
Hello,
I will be out of the office, returning March 12, 2019. You may
communicate with my constituency coordinator, Alice Cotton:
alice.cotton@gnb.ca.
Thank you!
---------- Forwarded message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Mon, 4 Mar 2019 20:14:33 +0000
Subject: Automatic reply: RE French Immersion versus the Charter
To: David Amos <motomaniac333@gmail.com>
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical
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This is the correct email address for requests for news coverage and
press releases.
On 3/4/19, David Amos <motomaniac333@gmail.com> wrote:
> https://www.cbc.ca/news/
>
> Criticism mounts over government's 'biased' French immersion survey
> Social Sharing
>
> Questions designed to lead people to certain responses, say data
> specialists and other critics
>
> Jacques Poitras · CBC News · Posted: Mar 04, 2019 4:00 AM AT
>
>
> 165 Comments
>
> David Amos
> "Cardy was not available for an interview to respond to the critics.
> He said last week he would not prejudge the outcome of the
> consultation. "That would undermine it if the minister said at the
> beginning what he wants to do," he said.
>
> On social media, Cardy has rebutted complaints about biased questions.
> "If you don't like the questionnaire, send in long-form answers," he
> wrote. "That's why the option is there. Or get in touch with me
> directly."
>
> YEA RIGHT
>
> Trust that Dominic Cardy knows as well as I there is no need for a
> long form answer. He knows that on Thursday the 3rd of April 2008 I
> explained the Charter to his lawyer buddies Kelley Lamrock and TJ
> Burke. 11 years later I will argue it with Andrea Mason Anderson if
> enough folks want me to.
>
>
> David Amos
> @David Amos
>
> The Charter clearly states the following.
>
> 23. (1) Citizens of Canada
>
> a) whose first language learned and still understood is that of the
> English or French linguistic minority population of the province in
> which they reside, or
>
> b) who have received their primary school instruction in Canada in
> English or French and reside in a province where the language in which
> they received that instruction is the language of the English or
> French linguistic minority population of the province,
>
> (2) Citizens of Canada of whom any child has received or is receiving
> primary or secondary school instruction in English or French in
> Canada, have the right to have all their children receive primary and
> secondary school instruction in the same language
>
> (3) The right of citizens of Canada under subsections (1) and (2) to
> have their children receive primary and secondary school instruction
> in the language of the English or French linguistic minority
> population of a province
>
> a) applies wherever in the province the number of children of citizens
> who have such a right is sufficient to warrant the provision to them
> out of public funds of minority language instruction; and
>
> b) includes, where the number of those children so warrants, the right
> to have them receive that instruction in minority language educational
> facilities provided out of public funds.
>
> Get it?
>
> ---------- Forwarded message ----------
> From: David Amos <motomaniac333@gmail.com>
> Date: Thu, 20 Sep 2012 04:09:20 -0300
> Subject: RE The Official Languages Act being reviewed in secret and
> yet much discussed in the social media etc
> To: "marie-claude.blais" <marie-claude.blais@gnb.ca>, oldmaison
> <oldmaison@yahoo.com>, law <law@stevenfoulds.ca>, "peter.dauphinee"
> <peter.dauphinee@gmail.com>, maryann4peace <maryann4peace@gmail.com>,
> police <police@fredericton.ca>, police <police@edmundston.ca>,
> "Wayne.Lang" <Wayne.Lang@rcmp-grc.gc.ca>, carl.urquhart@gnb.ca,
> mike.olscamp@gnb.ca, bruce.northrup@gnb.ca, info@pco-bcp.gc.ca,
> bill.corby@gnb.ca, ken.cook@fredericton.ca, tclaw@nb.aibn.com,
> Patricia.Parent@gnb.ca, nbombud@gnb.ca, David Amos
> <david.raymond.amos@gmail.com>
> Cc: complaints@officiallanguages.
> commissioner@
> <infomorning@moncton.cbc.ca>, infomorning
> <infomorning@fredericton.cbc.
> <terry.seguin@cbc.ca>, acampbell <acampbell@ctv.ca>, "Jacques.Poitras"
> <Jacques.Poitras@cbc.ca>, premier <premier@gnb.ca>, andre
> <andre@jafaust.com>
>
> http://www.cbc.ca/news/canada/
>
> http://www.cbc.ca/
>
> I have three questions to ask the CROWN that nobody will ever answer.
>
> They are as follows
>
> ONE
>
> If banishments of Chucky Leblanc and I from the Legislature properties
> are even remotely legal then howcome the documents that Bussieres and
> the Fat Fred City
> Finest served upon Chucky and I in June of 2006 are NOT EVEN written in
> BOTH ENGLISH AND FRENCH and NEVER recorded in the Royal Gazette?
>
> Check the documents PUBLISHED within the links for years by Chucky and
> his friends
>
> http://
>
> http://qslspolitics.blogspot.
>
> http://uncoverthefakeroots.
>
> TWO
>
> Howcome the Language Commissioners and the Attorney Generals have
> NEVER answered my emails about the obvious Charter violations?
>
> THREE
>
> Anybody remember the email posted within the website below?
>
> Date: Tue, 20 May 2008 08:24:06 -0700 (PDT)
> From: "David Amos"
> Subject: Re: RE : What of the evidence of murder I just sent you?
> To: robin.cantin@OCOL-CLO.GC.CA
> CC: carl.urquhart@gnb.ca, mike.olscamp@gnb.ca, bruce.northrup@gnb.ca,
> info@pco-bcp.gc.ca, bill.corby@gnb.ca, ken.cook@fredericton.ca,
> brad.green@gnb.ca, bev.harrison@gnb.ca, Wayne.STEEVES@gnb.ca,
> bruce.noble@fredericton.ca, Jody.CARR@gnb.ca, Keith.ASHFIELD@gnb.ca,
> David.ALWARD@gnb.ca, warren.mcbeath@rcmp-grc.gc.ca,
> lou.lafleur@fredericton.ca, Comuzzi.J@parl.gc.ca, Arthur.A@parl.gc.ca,
> Kathy.Alchorn@fredericton.ca, Kim.Quartermain@fredericton.ca
> police@fredericton.ca, Harper.S@parl.gc.ca, info@gg.ca
>
> Exactly
>
> May I suggest that you call the RCMP/GRC and the Office of Public
> Sector Integrity NOW?
>
> Then perhaps you should have your lawyer contact me.
>
> Veritas Vincit
> David Raymond amos
>
>
> Subject: RE : What of the evidence of murder I just sent you?
> Date: Tue, 20 May 2008 10:58:37 -0400
> From: robin.cantin@OCOL-CLO.GC.CA
> To: David Amos
>
> I fail to see how that is something the Commissioner of Official
> Languages could possibly investigate. Obviously, for criminal matters
> you need a police force, not a language ombudsman.
>
> Robin
>
> -----Message d'origine-----
> De : David Amos
> Envoyé : 20 mai, 2008 10:49
> À : Cantin, Robin
> Objet : What of the evidence of murder I just sent you?
> Importance : Faible
>
> robin.cantin@OCOL-CLO.GC.CA wrote:
>
> Ah yes, I did remember your message when you mentioned our Moncton
> office and court intervention on the phone.
>
> I assume you are aware that the issue has already been taken to court
> - an application for judicial review has been filed to the Court of
> Queen's Bench in Saint John. See
>
> http://telegraphjournal.
>
> I believe the response you got from our office in Moncton makes sense.
> On the topic of the AG's powers, jurisprudence is full of cases that
> went to court (and some were won) despite the opposition of a
> provincial AG.
>
> Cordially,
>
> Robin Cantin
> Manager, Media Relations / Gestionnaire, Relations avec les médias
> Office of the Commissioner of Official Languages / Commissariat aux
> langues officielles
> Phone / Téléphone : (613) 995-0374
> Cell. : (613) 324-0999
> robin.cantin@ocol-clo.gc.ca
>
> Please visit our Web site www.officiallanguages.gc.ca and read Beyond
> Words, Canada’s official languages newsletter.
> Veuillez visiter notre site Web www.languesofficielles.gc.ca et lire
> Au-delà des mots, le cyberbulletin des langues officielles du Canada.
>
>
> -----Message d'origine-----
> De : David Amos
> Envoyé : 20 mai, 2008 10:24
> À : Cantin, Robin
> Objet : Fwd: RE: Does the Language Commissioner suggest that I file
> something in Federal Court instead of him?
>
> From: tclaw@nb.aibn.com
> To: "David Amos"
> Subject: Re: Fwd: RE: Does the Language Commissioner suggest that I
> file something in Federal Court instead of him?
> Date: Fri, 16 May 2008 17:22:57 -0400
>
> Mr. Amos, thank you for your telephone message and the email attached.
>
> Tom Christie
>
> From: David Amos
> Date: 2008/05/16 Fri PM 04:22:13 EDT
> To: bureau@acpi-cait.ca, tclaw@nb.aibn.com
> Subject: Fwd: RE: Does the Language Commissioner suggest that I file
> something in Federal Court instead of him?
>
> Date: Mon, 21 Apr 2008 06:36:53 -0700 (PDT)
> From: "David Amos"
> Subject: For the Record I just called and tried to alk to Graham
> Fraser and Gilbert Taylor and was not allowed to do so
> To: robin.cantin@ocol-clo.gc.ca
>
> I was told by Taylor's assistant that he was in Ottawa today. whereas
> you people do not wish to dicuss the Act that you were hired to uphold
> we will argue it in Federal Court as the commissioner of Languages in
> New Brunswick suggests. EH?
>
> Veritas Vincit
> David Raymond Amos
>
> FOR IMMEDIATE RELEASE
> Commissioner of Official Languages’ New Representative for the Atlantic
> Region
>
> The Commissioner of Official Languages, Graham Fraser, is pleased to
> announce the appointment of Gilbert Taylor as the Commissioner’s
> Representative for the Atlantic Region.
>
> "Mr. Taylor will continue the dialogue with institutions subject to
> the Official Languages Act and with various organizations that play an
> essential role in the vitality of the two official language
> communities,” Mr. Fraser said. “I am convinced Mr. Taylor will serve
> the region well and that his experience in the Maritimes and across
> the country will prove to be very valuable.”
> Commissioner Fraser also thanked Claude Haché for the work he has done
> as his representative. The role of the Commissioner’s Representative
> is to support the Office of the Commissioner of Official Languages in
> the Atlantic region. In particular, this involves working with federal
> institutions and communities to ensure full respect for the language
> rights of the public, to promote the equality of the two official
> languages in an increasingly diverse society and to enhance the
> vitality of official language minority communities.
>
> This role is more relevant than ever in the context of implementing
> Part VII of the Official Languages Act, which requires that federal
> institutions take positive measures to promote linguistic duality and
> to contribute to the development of official language communities.
> Gilbert Taylor has rich and varied experience in several areas of the
> federal public service. He has proven his leadership in the area of
> official languages during his 28 years of experience. Mr. Taylor
> received recognition from the Prince Edward Island Federal Council in
> 2004 for his contributions to the province’s official languages
> program. Since 2005, he has worked as a consultant and National
> rehabilitation manager at the head office of Veterans Affairs in
> Charlottetown. He holds a bachelor’s degree in psychology from Queen’s
> University and studied anthropology at the University of Prince Edward
> Island.
>
> Mr. Taylor will assume his responsibilities on August 13, 2007. He
> replaces Mr. Claude Haché, who will become an investigator for the
> Atlantic region. You may contact the Atlantic regional office in
> Moncton at 506-851-7047 or 1-800-561-7109
>
> - 30 -
>
> For more information, contact:
> Robin Cantin
> Manager, Media Relations
> Office of the Commissioner of Official Languages
> Telephone: 613-995-0374
> Cellular: 613-324-0999
> Toll-free: 1-877-996-6368
> Office of the Commissioner of Official Languages – Atlantic Region
> Heritage Place, 95 Foundry Street, Suite 410
> Moncton, New Brunswick
> E1C 5H7
> Telephone: 506-851-7047
> Toll-free: 1-800-561-7109
>
>
> Date: Mon, 21 Apr 2008 06:08:58 -0700 (PDT)
> From: David Amos
> Subject: RE: Does the Language Commissioner suggest that I file
> something in Federal Court instead of him?
> To: "Parent, Patricia (OL-LO)" Patricia.Parent@gnb.ca
>
>
> You do understand who I am and of the fact I have sued an Attorney
> General and many politicians and lawyers in the past? I hope the
> commisssioner is aware of an answer I received from Bernie Richard and
> of his invitation to sue him.
>
> Veritas Vincit
>
> David Raymond Amos
>
>
> "Parent, Patricia (OL-LO)" Patricia.Parent@gnb.ca wrote:
>
> Dear Sir:
>
> I acknowledge receipt of your email message below.
>
> As explained in the press release, a copy of which was provided to you
> in our earlier email, the Commissioner has recommended that people who
> wish to contest the proposed FSL (French Second Language) Reform
> should contact the Ombudsman. Those who would wish to challenge the
> decision before the Courts should consult a lawyer in order to find
> out what remedies are available (injunction, order, etc… ) and also
> where the action should be filed. The matter of whether the Attorney
> General can stop such a lawsuit should also be discussed with the
> lawyer. While in cases where people which to issue a constitutional
> challenge, they must formally advise the Attorney General, this does
> not mean that the Attorney General has the power to stop the matter.
> Trusting this response will meet with your approval.
> Yours truly,
>
> Patricia Parent
> Manager / Gestionnaire
> Office of the Commissioner of Official Languages for N.B.
> Bureau du Commissaire aux langues officielles du N.-B.
> 440 rue King Street
> Tour King Tower, Pièce/Suite 646
> Fredericton, N.B. E3B 5H8
> telephone (TTY)/téléphone (ATS) : (506) 444-4229
> toll free (TTY)/aucuns frais (ATS) : 1-888-651-6444
> facsimile/télécopieur : (506) 444-4456
> www.officiallanguages.nb.ca / www.languesofficielles.nb.ca
>
> Français ou anglais..C'est votre choix!
> English or French..It's your choice!
>
> From: David Amos
> Sent: Saturday, April 19, 2008 4:55 PM
> To: Parent, Patricia (OL-LO)
> Subject: Does the Language Commissioner suggest that I file something
> in Federal Court instead of him?
>
> http://laws.justice.gc.ca/en/
>
> Everybody knows that the Attorney General will stop any lawsuit that
> does not suit him or his political party within the Province of New
> Brunsick. Perhaps the Commissioner and I should have a long talk ASAP
> EH?
>
> Veritas Vincit
>
> David Raymond Amos
>
> "Parent, Patricia (OL-LO)" Patricia.Parent@gnb.ca wrote:
>
> Dear Sir:
>
> I acknowledge receipt of your email message below.
>
> Rest assured that your comments have been passed on to the Commissioner.
>
> For your information, please find below a statement that went out on
> March 20th, 2008, from our office to the media all across the
> province. This should answer your questions regarding what the
> Commissioner has done and continues to do with respect to the issue of
> French Second Language (FSL).
>
> It is important to note that this issue will require more than the
> Commissioner's position and unless parents and other members of the
> public openly take issue and condemn the decision, the chances that
> the plan will be implemented are quite high.
>
> Thank you for your interest and for contacting our office.
>
> Yours truly,
>
> Patricia Parent
> Manager / Gestionnaire
> Office of the Commissioner of Official Languages for N.B.
> Bureau du Commissaire aux langues officielles du N.-B.
> 440 rue King Street
> Tour King Tower, Pièce/Suite 646
> Fredericton, N.B. E3B 5H8
> telephone (TTY)/téléphone (ATS) : (506) 444-4229 toll free
> (TTY)/aucuns frais (ATS) : 1-888-651-6444
> facsimile/télécopieur : (506) 444-4456
> www.officiallanguages.nb.ca / www.languesofficielles.nb.ca
>
> Français ou anglais..C'est votre choix!
> English or French..It's your choice!
>
> ******************************
>
> For immediate release
>
> Fredericton, March 20, 2008 - The Official Languages Act of New
> Brunswick states that it does not apply to the Department of
> Education. This in fact limits the power of the Commissioner of
> Official Languages to investigate complaints with respect to the
> operation of the education system. The Act, however, does provide him
> with the authority and the responsibility to promote the advancement
> of both official languages. It is based on this part of his mandate
> that Commissioner Michel Carrier became involved with FSL reform in
> the province, beginning with his own review, the details of which were
> included in his 2005-2006 annual report.
>
> The Commissioner has been speaking in favor of improving FSL for many
> years. He made presentations to the FSL Commissioners to this effect
> last fall and was instrumental in ensuring that the Federal
> Commissioner of Official Languages, Graham Fraser, and others appeared
> before the FSL Review Commissioners as he believed these people had
> valuable information and insights to share. The Commissioner also
> spoke directly with the Minister prior to the launching of the
> department's FSL Review, following the release of the Review and prior
> to the announcement in the Legislature last Friday. Mr. Carrier
> attempted to convince the Minister that the abolition of the early
> Immersion program was not the right course of action. He pointed out
> that there are a number of expert recommendations that did not seem to
> have been given the proper attention during the review process.
>
> While the Commissioner does not take issue with the Minister's right
> to bring about needed changes in the education system, and while he
> recognizes the fact that the Minister has been available to meet with
> him on this subject, he cannot support the decision to remove the
> Early Immersion program from the FSL curriculum. "There is no doubt
> that the system is in need of reform", adds the Commissioner.
> "However, like many others who have come forward, I am not convinced
> that this is the way to go. Indeed, experts in the field have
> confirmed that there are many options that could have been considered
> other than slashing the early immersion program."
>
> As his mandate does not allow him to investigate complaints related to
> the ongoing FSL controversy, the Commissioner is encouraging New
> Brunswickers who are unhappy with the government's decision to contact
> the Office of the Ombudsman. While policy issues and decisions are
> generally in the domain of the legislators, the suggestion that the
> immersion changes are more administrative than legislative and,
> moreover, that the Commissioners' work was flawed, brings about
> questions of due process, an issue that falls squarely within the
> Ombudsman's purview. As well, the Ombudsman's role as Child and Youth
> Advocate mandates him to examine the impact of the changes on New
> Brunswick's children.
>
> "It is now essential that New Brunswickers share their concerns with
> their government," Mr. Carrier said. "In addition to letters to the
> editor, MLA's and the Minister, they can also contact the Office of
> the Ombudsman. For my part, I intend to continue exerting whatever
> influence I have to convince the provincial government of the need to
> re-think its decision."
>
> -- 30 --
>
>
> From: David Amos
> Sent: Monday, April 14, 2008 4:51 PM
> To: complaints@officiallanguages.
> commissioner@
> Cc: Colford, Krista (OAG/CPG); Doyle Landry, Heather (OAG/CPG); Gould,
> William (OAG/CPG); Laflamme, Marcel (OAG/CPG); Volpé, Jeannot (LEG);
> MacDonald, Kirk (LEG); Fitch, Bruce (LEG); Betts, John W. (LEG)
> Subject: No need of a legal team to study the French question the
> Commissioner should read the Charter He is a lawyer Correct?
>
> Date: Thu, 3 Apr 2008 17:41:43 -0300
> From: "David Amos"
> To: nbombud@gnb.ca , kelly.lamrock@gnb.ca , wally.stiles@gnb.ca ,
> Ed.Doherty@gnb.ca , T.J.Burke@gnb.ca , roly.macintyre@gnb.ca ,
> John.Foran@gnb.ca , aleblanc.mla@nb.aibn.com , oldmaison@yahoo.com ,
> jonesr@cbc.ca , eugene.mcginley2@gnb.ca , christian.whalen@gnb.ca ,
> Thibault.L@parl.gc.ca , Casey.B@parl.gc.ca ,
> Barry.MacKnight@fredericton.ca , Danny.Copp@fredericton.ca ,
> Premier@gnb.ca , Hermenegilde.Chiasson@gnb.ca , Dion.S@parl.gc.ca ,
> scotta@parl.gc.ca
> Subject: Attn Kelly Lamrock and Bernie Richard and folks concerned
> about French Immersion and the Charter
> CC: carl.urquhart@gnb.ca , mike.olscamp@gnb.ca , bruce.northrup@gnb.ca
> , info@pco-bcp.gc.ca , bill.corby@gnb.ca , ken.cook@fredericton.ca ,
> brad.green@gnb.ca , bev.harrison@gnb.ca , Wayne.STEEVES@gnb.ca ,
> bruce.noble@fredericton.ca , Jody.CARR@gnb.ca , Keith.ASHFIELD@gnb.ca
> , David.ALWARD@gnb.ca , warren.mcbeath@rcmp-grc.gc.ca ,
> lou.lafleur@fredericton.ca , Comuzzi.J@parl.gc.ca ,
> Arthur.A@parl.gc.ca , Kathy.Alchorn@fredericton.ca ,
> Kim.Quartermain@fredericton.ca , police@fredericton.ca ,
> Harper.S@parl.gc.ca , info@gg.ca
>
> First things first.
>
> The Charter clearly states the following.
>
> 23. (1) Citizens of Canada
>
> a) whose first language learned and still understood is that of the
> English or French linguistic minority population of the province in
> which they reside, or
>
> b) who have received their primary school instruction in Canada in
> English or French and reside in a province where the language in which
> they received that instruction is the language of the English or
> French linguistic minority population of the province,
>
> (2) Citizens of Canada of whom any child has received or is receiving
> primary or secondary school instruction in English or French in
> Canada, have the right to have all their children receive primary and
> secondary school instruction in the same language
>
> (3) The right of citizens of Canada under subsections (1) and (2) to
> have their children receive primary and secondary school instruction
> in the language of the English or French linguistic minority
> population of a province
>
> a) applies wherever in the province the number of children of citizens
> who have such a right is sufficient to warrant the provision to them
> out of public funds of minority language instruction; and
>
> b) includes, where the number of those children so warrants, the right
> to have them receive that instruction in minority language educational
> facilities provided out of public funds.
>
> Get it? I quoted it out of the gate before my following rant that I
> doubt anybody but Kelly Lamrock will read. I did so so that the honest
> Maritimes amongst us can take the words of the Charter and run with to
> bitch to the lawyer Bernie Richard about the lawyer Kelly Lamrock's
> antics. Somebody should explain the meaning of those words. It ain't
> my job to do so.
>
> Read on if you are bored or just happen to care about the sad state of
> our Democracy today and what another pigheaded Maritimer is up to
> today in order to try to defend it and his protect his own dumb arse
> at the same time. The joke is on us if you don't. After all we always
> get the governments we deserve. Correct?
>
> You can find the rest of the email here. Just go to the link and read
> the last comment if you wish.
> FYI I made reference to you Bob Bernier but I did not name you in my
> rant because I am not certain that you are the same dude who just quit
> the liberals in Kings East. If you are that fella you certainly know
> who I am Correct?
> http://davidamos.blogspot.com/
>
>
> Excerpts of a letter to the Liberal party of N.B.
>
> April 3 was a sad day for the Liberal Party of New Brunswick. Premier
> Shawn Graham, along with his Minister of Education, Kelly Lamrock,
> have ignored the request of the provincial Ombudsman to halt the
> changes to the anglophone school system.
>
> This represents severe contempt for both the desires of the people of
> New Brunswick, as well as the Office of the Ombudsman. The past three
> weeks have seen a wave of dissent grow against the changes to our
> schools. The speed at which this wave is sweeping across New Brunswick
> has not been seen in a generation.
>
> The Liberal Party of New Brunswick is in danger of being swamped by
> this wave. Liberal Associations and MPs across the province have
> spoken out against the Lamrock Plan. The Globe and Mail and Montreal
> Gazette have slammed the Lamrock Plan.
>
> It's time to put an end to this nonsensical decision.
> Regardless of our political leanings, we can all share in the memory
> of Louis J. Robichaud, one of our province's greatest leaders. For
> young New Brunswickers, P'tit Louis represents the dream of a
> bilingual society. The Lamrock Plan denies our children these
> opportunities, and denies our province of this dream. Members of
> Liberal Party Executive, I trust you will hear our cries for help and
> do what is right for both New Brunswick and the Liberal Party. Speak
> to your MLAs, and talk them down off this political ledge.
>
> ROB HOADLEY
> Fredericton
>
> Group studies its legal options
>
> Early immersion | Reversal of decision wanted ASAP
>
> By JENNIFER DUNVILLE
> dunville.jennifer@
> Published Tuesday April 8th, 2008
> Appeared on page A1
>
> A lobby group opposed to the elimination of New Brunswick's early
> immersion program is weighing its legal options.
> Rob Hoadley, spokesman for Citizens for Education Choice, said the
> group's goal is to take legal action that will affect the upcoming
> school year.
>
> "We're consulting with lawyers on avenues of legal recourse," Hoadley
> said. "Our legal team is preparing a legal challenge to the decision.
>
> "At this point, we're just making sure we have all the documentation
> we need. Whatever we decide to do, it's going to happen fast."
> One of the options the group is considering is approaching the Court
> of Queen's Bench for a judicial review of the decision to eliminate
> the early immersion program.
>
> Hoadley said they've filed a request under the Right to Information
> Act for all documentation relating to the provincial government's
> decision to axe the program.
>
> "The New Brunswick ombudsman is doing this already, but we're also
> looking to get all the documents so we can review them too," Hoadley
> said.
>
> "I wouldn't want to comment yet on all the legal options we are
> weighing because I don't want to limit our group to one thing."
> Citizens for Educational Choice disagrees with the government's
> decision to implement a new French second-language model, which
> includes the intensive French program and excludes early exposure to
> the French language.
> It wants the decision reversed.
> "We want a proper consultation process," Hoadley said. "We know the
> system needs changes, but we want to make sure that those much-needed
> revisions are done with the research in mind."
>
> Alison Menard, president of the New Brunswick chapter of Canadian
> Parents for French, said she commends the citizens' group for fighting
> the decision through the legal system.
>
> But she said it's unfortunate it's been pushed to that point.
> "When we see the absolute, very quick refusal to the ombudsman's
> suggestion that this decision be delayed for a year while he
> investigates, that gives you an idea of what we're dealing with,"
> Menard said. "It's not likely that we're going to see the government
> back down or have sober second thoughts.
>
> "Citizens find themselves in the kind of situation where they don't
> have much of a choice but to undertake legal action."
> Menard said Canadian Parents for French won't get involved in legal
> action against the government because it's not part of the group's
> mandate.
>
> But she said she's pleased the citizens' group is trying to have the
> decision reversed.
>
> "I would think that citizens and governments would have better things
> to do than sue each other," Menard said. "It's unfortunate they have
> to do this, but Canadian Parents for French supports them all the
> way."
>
> Hoadley said he and other members of the group have been writing to
> MLAs, and Members of Parliament, along with sending opinion letters to
> newspapers throughout the province.
>
> "We're not going away," Hoadley said of the citizens' group.
> "If the government thinks we've been vocal to this point, they should
> know we're only just getting started."
>
https://asdeast.nbed.ca/district-education-council/
Moncton, NB,
(506) 856-3222
asdeinfo@nbed.nb.ca
What is a District Education Council (DEC)?
Established under the Education Act, a DEC consists of 11-13 education councilors elected for four-year terms.
Using the policies and standards of the Department of Education as a
framework, each DEC establishes objectives and policies aimed at
addressing the particular priorities and needs of the district. The
education councilors take part
in the decision- making process concerning local goals and directions in education.
The DEC is responsible for the operation of the schools in its
district in the areas of education, school performance, and
infrastructure. The DEC’s and the Department of Education have a common
objective: providing the best public
education system.
What are the main responsibilities DECs have for their districts?
- Hiring and evaluating the district superintendent;
- Establishing and monitoring the annual district plan and public district performance report;
- Establishing and monitoring the district expenditure plan;
- Monitoring student achievement;
- Building community partnerships;
- Setting priorities for infrastructure planning projects including capital construction, school establishment and closures;
- Reviewing the school improvement plan and the school performance report for each school in the district to ensure they are consistent with the district education plan.
If you have questions about your child’s school, please use the following communication steps:
Step #1 – Contact the person or school where there is a question i.e. Classroom Teacher
Step #2 – Contact the person’s immediate supervisor i.e. School Principal
Step #3 – Contact the District Office i.e. Director of Schools
Step #4 – Contact the Superintendent
Step #5 – Contact the Sub-district District Education Council Member
Step #6 – Contact the District Education Council as a whole
DEC Members
DEC MISSION STATEMENT
A Better Future… Through Quality Education
Harry Doyle
Chair
Caledonia Regional High School, Hillsborough Elementary School, Riverside Consolidated School, Riverview East School
Kristin Cavoukian
DEC member
Harrison Trimble High School, Edith Cavell School, Bessborough School, Hillcrest School
Michelle Folkins
DEC member
Tantramar Regional High School, Marshview Middle School, Salem Elementary School, Dorchester Consolidated School, Port Elgin Regional School
Ian Hebblethwaite
DEC member
Lou MacNarin School, Queen Elizabeth School, Sunny Brae Middle School, Forest Glen School
Duane MacDonald
DEC member
Riverview High School, West Riverview School, Claude D. Taylor School, Riverview Middle School, Frank L. Bowser School
Mark Owen
DEC member
Evergreen Park School, Magnetic Hill School, Maplehurst Middle School, Northrop Frye School
Rachel Pletz
DEC member
Moncton High School, Beaverbrook School, Arnold H. McLeod School, Lewisville Middle School
Dominic Vautour
DEC member
Mountain View School, Shediac Cape School, Bernice McNaughton High School, Birchmount School
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