The Health Services Restructuring Commission issued directions that would significantly reduce the services and teaching capacity of Hôpital Montfort, Ontario's only francophone general hospital.
The applicants sought judicial review, arguing the directions violated s. 15 of the Charter, administrative law principles, and the unwritten constitutional principle of the protection of minorities.
The Divisional Court dismissed the Charter and administrative law arguments but granted the application on constitutional grounds.
The Court held that the protection of minorities is a fundamental organizing principle of the Constitution, and the Commission failed to act according to law by ignoring the broader institutional role of Montfort in preserving the Franco-Ontarian minority culture.
