The appellants, Francophone parents in Nova Scotia, sought an order directing the Province to provide French-language secondary school facilities under s. 23 of the Charter.
The trial judge found a violation and ordered the Province to use its 'best efforts' to provide the facilities by specific dates, retaining jurisdiction to hear progress reports.
The Province appealed the retention of jurisdiction, and the Court of Appeal struck it down based on functus officio.
The Supreme Court of Canada allowed the appeal, holding that the trial judge's reporting order was an 'appropriate and just' remedy under s. 24(1) of the Charter, meaningfully vindicating the parents' rights in the context of historical delay and assimilation, without unduly departing from the judicial role.
