A family fighting to enroll their son in YellowknifeSA国际影视传媒檚 only French first language school following a rejection from the ministry of education last fall is taking the department to court.

The French-speaking child, whose identity is protected by a court-ordered publication ban, was denied admittance into 脡cole Allain St-Cyr last fall after failing to meet criteria set out by the Department of Education, Culture and Employment.

Yellowknifer isnSA国际影视传媒檛 naming the parents to protect the identity of their son.

The criteria within the department's directive is designed to uphold minority language rights enshrined in the Charter of Rights of Rights and Freedoms while SA国际影视传媒渟upporting the growth of French first language rights holders in the NWT by allowing a limited number of children of non-rights holder parents to attend,SA国际影视传媒� the territorySA国际影视传媒檚 two French first language schools, 脡cole Allain St-Cyr and Hay RiverSA国际影视传媒檚 脡cole Boreale.

The thinking behind curbing the number of children of non-rights holder parents is that if a territory allowed all residents the same access to schools meant for minority language groups, it SA国际影视传媒渨ould be failing in its in duty do SA国际影视传媒� preserve and promote minority language education,SA国际影视传媒� according to the federal government.

But eligible non-rights holders who don't meet the CharterSA国际影视传媒檚 criteria, parents like the young mother and father in this case, can still apply for entry to a French first language school through three admission streams.

In this case, the child's mother was designated by the GNWT as a  SA国际影视传媒渘ew immigrant,SA国际影视传媒� which theoretically could allow the family to enroll their children in either English or French upon arrival.

But because the would-be student was born in Yellowknife, and didnSA国际影视传媒檛 SA国际影视传媒渁rriveSA国际影视传媒� here with his family, his application was denied by the education department.

The familySA国际影视传媒檚 lawyer Francis Poulin wants the decision to be reviewed - heSA国际影视传媒檚 not calling for the ruling to be overturned - arguing in court Thursday the refusal was based, more or less, on a technicality. He said the government directive doesnSA国际影视传媒檛 explicitly include oneSA国际影视传媒檚 birthplace as a prerequisite.

The departmentSA国际影视传媒檚 decision to deny enrollment of the child was the final step in a two-phase process.

First, non-rights holders are evaluated by the the Commission scolaire francophone, the territorySA国际影视传媒檚 Francophone School Board. In this case, the child was recommended for admittance by the board. But when it was time for the ministrySA国际影视传媒檚 final say, the bid was rejected on the grounds the child was born in Yellowknife and not abroad.

Poulin submitted that while the directive is in place for an important reason, the application of the directive by the department is far too rigid, leading to an unreasonable decision.

Poulin argued the decision ignored the merits of the childSA国际影视传媒檚 admittance, instead applying what he described as almost artificial criteria imposed by the education department. Ultimately he said, the end result is contrary to the whole intent of directive - adding a category for new immigrants but then limiting entry through a series of credentials.

He told the court the French-speaking child, along with their family, wants to integrate into the French community, a desire thatSA国际影视传媒檚 been stymied by the departmentSA国际影视传媒檚 refusal.

Poulin wants the department to be more flexible when evaluating cases so decisions can be made on the merits of the student and of each family applying.

A lawyer presenting the GNWT told the court the child doesnSA国际影视传媒檛 qualify under the criteria the department has set out, and that therefore heSA国际影视传媒檚 not eligible.

But outside the Yellowknife Courthouse Thursday, Poulin told Yellowknifer thereSA国际影视传媒檚 always room for discretion from the department.

SA国际影视传媒淭here's a way for (the department) to interpret (the case) generously. So that you can allow that family to fit in the box youSA国际影视传媒檝e created,SA国际影视传媒� added Poulin, referring to the directiveSA国际影视传媒檚 criteria.

SA国际影视传媒淭heySA国际影视传媒檝e decided to (allow) only kids who are born aboard, who have come here under a certain age SA国际影视传媒� you canSA国际影视传媒檛 speak English, you canSA国际影视传媒檛 speak French, and on top on that you canSA国际影视传媒檛 be born here. So who does that leave?" asked Poulin.

If the government wants to open a path for new immigrants seeking admittance, Poulin said it will have to clear the pathway theySA国际影视传媒檝e SA国际影视传媒渃losedSA国际影视传媒� with the imposed criteria.

A NWT Supreme Court Justice reserved his decision, which could weeks or months to be handed down following Thursday's hearing.

The hearing is the not the first time the often-hotly contested and emotionally-charged topic of minority language rights has taken centre stage in a NWT court.

The NWT francophone school board lost a court battle with the GNWT in 2008 after challenging the admission process at French first language schools.

A Supreme Court judge ruled the Department of Education was allowed to limit enrollment numbers at French schools.

Currently, according to the departmentSA国际影视传媒檚 2016 directive, if a French schoolSA国际影视传媒檚 capacity surpasses 85 per cent, enrollment is then limited to students of rights holding parents, until enrollment rates decline below 85 per cent again.