A Yellowknife family has claimed a significant courtroom victory in an ongoing legal battle to have their son enrolled at the citySA国际影视传媒檚 only French first language school after a judge struck down two previous admittance rejections from the ministry of education.

The French-speaking child, whose identity is protected by a publication ban, was born in Yellowknife just months after his parents left Europe to settle in the capital.

In May 2018, he was denied admittance to 脡cole Allain St-Cyr for the following school year after failing to meet criteria set out in a directive from the Department of Education, Culture and Employment.

The directive is crafted to safeguard minority language rights, enshrined in the Canadian Charter of Rights and Freedoms, to support SA国际影视传媒渢he 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, YellowknifeSA国际影视传媒檚 脡cole Allain St-Cyr and 脡cole Boreale in Hay River.

A rights holder is a Canadian citizen who, having met the criteria set out in the Charter, is granted the right to have his or her children receive an education in the minority language of the province or territory they live in.

But the childSA国际影视传媒檚 parents, eligible non-rights holders who donSA国际影视传媒檛 meet the CharterSA国际影视传媒檚 criteria, were still able to apply for enrollment at the French first language school through three admission streams outlined in the directive.

The childSA国际影视传媒檚 parents did apply, and fell into the directiveSA国际影视传媒檚 "new immigrant," stream, but because their child was born in Yellowknife SA国际影视传媒� he didnSA国际影视传媒檛 "arriveSA国际影视传媒� with them in the NWT SA国际影视传媒� they were told he didnSA国际影视传媒檛 meet the directiveSA国际影视传媒檚 criteria, and he was rejected.

The child was again refused admittance in August 2018 after his parents asked Education Minister Caroline Cochrane to reconsider her decision to reject him, despite a recommendation from the Commission Scolaire Francophone.

The Commission Scolaire Francophone advised the child's admittance would enrich the school's cultural diversity, and bring positive impacts to the Franco-NWT community as a whole.

The family then took the department to court, calling for a judicial review of Cochrane's decision.

Their lawyer, Francis Poulin, argued the minister's interpretation of the directive was too rigid, which led to an unreasonable decision not to admit the young child.

Poulin said the minister could have used her discretion in assessing the child's admittance.

The crux of the case, essentially, came down to two questions. One, was the ministerSA国际影视传媒檚 interpretation of the directive unreasonable? And two, was her discretion hindered when she refused to admit the child?

In her oral submissions, the minister acknowledged she has the ability to exercise SA国际影视传媒渞esidual discretion,SA国际影视传媒� outside of the directive.

The applicants SA国际影视传媒� the parents of the child SA国际影视传媒� argued Cochrane impeded her discretion when she rejected their sonSA国际影视传媒檚 acceptance to 脡cole Allain St-Cyr.

In a recent written decision, NWT Supreme Court Justice Paul Rouleau ruled the ministerSA国际影视传媒檚 interpretation of the directive's language was reasonable, but concluded she SA国际影视传媒渘ever considered whether (the childSA国际影视传媒檚) case presented factors and circumstances that could lead her to exercise residual discretion.SA国际影视传媒�

SA国际影视传媒淭he balance that must exist between the consistency that a directive provides and the flexibility that is at the heart of a discretion has been severed in this case,SA国际影视传媒� he wrote.

Rouleau said he found the minister SA国际影视传媒渋mpeded her discretion when she refused to admit (the child) to Allain St-Cyr School because he did not fall into one of the categories of the directive.SA国际影视传媒�

Rouleau ruled Cochrane did not take into account all relevant factors when coming to her decision.

As a result, both admittance refusals were cancelled by Rouleau, and the application for the childSA国际影视传媒檚 acceptance has been returned to Cochrane for reconsideration. The minster could still come to the same conclusion.

SA国际影视传媒淭he family here is very excited with the ruling here today. They are hopeful that once the minister reconsiders and assesses all the relevant factors, that the outcome may be a favourable one for them," Poulin told Yellowknifer. 

He expects a decision from the minister within 10 working days.