Arsenault-Cameron V. Prince Edward Island - Background

Background

A number of Francophone families living in Summerside made a request to the French Language Board to build a French language school in the community rather than bus the children to the closest French school 57 minutes away. The Board made a proposal to the Minister which was rejected.

The family applied for a declaration against the province to build a school in Summerside. At trial the declaration was granted but was overturned on appeal.

In the decision of Arsenault-Cameron v. Prince Edward Island, 3 S.C.R. 851, prior to the language rights hearing, the counsel for the government sought to have Bastarache recuse himself for reasonable apprehension of bias due to his history of championing the French language. In an application to Bastarache, he held that he was not biased to hear the case, and so did not recuse himself.

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