The appellants challenged an order granting a newly formed parents' association leave to appeal and an extension of time to appeal from school-language litigation, and also argued that a judge on the New Brunswick Court of Appeal lacked sufficient French comprehension.
The Court upheld the appellate court's inherent jurisdiction under the Judicature Act to grant leave to a non-party and found no reviewable error in its discretionary decision extending time.
On the constitutional issue, the Court divided on whether s. 19(2) of the Charter itself guarantees that judges understand the language used by the parties, but all members agreed the appeal should be dismissed and that the evidentiary record did not establish disqualification of the impugned judge.
The case is a foundational authority on the distinction between constitutional language rights, natural justice, and the institutional implementation of bilingual adjudication.
