Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Canadian Charter - Civil - Human rights - Human Rights Commission - Jurisdiction - Standard of review - Process - Whether Court of Appeal correctly found that reviewing judge erred in law in overturning Commission’s decision to refer complaint to Board of Inquiry - Whether Court of Appeal properly assessed the standard of review to be applied by judge - Whether Court of Appeal properly found that judge made palpable and overriding errors of fact - Whether Court of Appeal erred in law in failing to confirm judge’s decision that Nova Scotia Human Rights Act does not have primacy over other provincial legislation - Whether Court of Appeal erred in law in failing to confirm judge’s decision that funding issue is moot or res judicata as a result of amendments to Municipal Government Act - Whether Court of Appeal erred in law in failing to confirm judge’s decision that language of education does not equate to ethnic origin and accordingly is not a protected ground of discrimination under Human Rights Act - Whether Court of Appeal erred in law in concluding that Applicant is a proper respondent to complaint challenging validity of provincial legislation - Whether Court of Appeal erred in law by not finding that Charter complaints cannot be made under Human Rights Act - Whether Court of Appeal erred in law in not finding that funding of Halifax Regional School Board is exempt from application of Human Rights Act as being for benefit of youth and that this is a jurisdictional issue upon which court should intervene.

In June 2003 and July 2004, Lucien Comeau, a respondent, filed complaints with the Nova Scotia Human Rights Commission alleging discrimination against him as a person of Acadian descent. The complaints stemmed from the funding of schools in the Halifax Regional Municipality (“HRM”). Prior to amalgamation, the cities of Halifax and Dartmouth provided supplementary funding to their local school boards. On amalgamation, the HRM was required by statute to continue the supplementary funding of the Halifax Regional School Board (“HSRB”). The Conseil Scolaire Acadien Provincial (“CSAP”), a separate school board that administers the province’s designated French language schools, is funded directly by the province and does not receive supplementary municipal funding for special projects. Mr. Comeau’s children attended a CSAP school. He alleged that the schools administered by CSAP were financially disadvantaged when compared to schools administered by the HRSB. Despite being aware of the problem, the HRM had failed to address the issue. Having looked seriously at the complaints, the Commission recommended that a Board of Inquiry be appointed.

Meanwhile, several other parents directly challenged the provincial legislation that enabled the scheme, asking the Supreme Court of Nova Scotia to correct the legislation pursuant to the Charter protections for minority language. The government elected to amend the legislation so that HRM French and English schools now receive the same benefits. The parents’ application was dismissed by consent. The amendments were effective April 1, 2006.

A Board was appointed, but the HRM applied to quash the appointment and to prohibit the Commission from conducting the inquiry. The reviewing judge quashed the decision to appoint the Board and prohibited the Board from inquiring into the matter. The Court of Appeal allowed an appeal, set aside the decision, and reinstated the Board.