The most important example is the one I have just mentioned, which is access to French-language schools. The extent of the management rights of francophone school boards that were created in certain provinces still needs to be defined. The reason is that establishing these boards follows from a legal decision. Section 23 of the charter does not include the right for the minority to manage its schools. However, the Supreme Court, in the Mahé decision, determined that if a school itself is of the minority, and not for the minority, obviously, there must be a management component. To come back to my example, the question is whether or not Yukon's Francophone School Board management powers include the right to offer preschool education because it is necessary to prepare for the first year of school. Is it legitimate for this school board to decide that a francophone person will be admitted to a French-language school, even if they are not a Canadian citizen?
More generally, there are other inconsistencies. For example, section 20 of the charter deals with the right to public services in one or the other official language in regions where there is a sufficient number of rights holders. It begs the question: how is that calculated? One also wonders if Treasury Board regulations were established arbitrarily, or if they rely instead on scientific analysis. For example, in a small municipality, the decision is that services will be offered if 20% of the population speaks the language of the minority. In another location, there must be 3,000 people who speak the language of the minority. What would happen if there were only 2,950? Would services be refused to them or not? In my opinion, the problem stems from the fact that mathematical criteria do not align with the object of the law, which is to support the communities' development. Consequently, the test should be based on community viability.
In a small community where there is a French-language school, church and cultural centre, I do not understand why services would not be offered if there are only 2,900 francophone residents rather than 3,000. It's for reasons like that one I maintain that it is still necessary to go through the courts. Indeed, the government refuses to meet with us and negociate and revise its policies based on the very purpose of the law.
The situation is truly sad in Canada. Think about it. One can sometimes ask why there are language rights in most countries. Is it to avoid conflict, or for historical reasons? Is there not also a moral basis for them? Is it not a matter of equality, dignity and the capacity to participate in public affairs without having to renounce one's language and culture?
In Canada, that is what the court decided, not the government. It is for that reason we are still in conflict with the government. We do not agree on the very purpose of the law.