Appeal and cross-appeal arising from directions issued by a hospital restructuring body that would substantially reduce the services of Ontario's only francophone community hospital.
The Court of Appeal held that s. 16(3) of the Charter did not constitutionalize the institution's status and that s. 15 could not be used to supplement language rights not expressly conferred by the Charter.
However, the court held that the French Language Services Act had to be interpreted liberally and generously in light of the constitutional principle of respect for and protection of minorities, and that the impugned directions failed to respect that Act.
The court further held that, in exercising a public-interest discretion, the decision-maker was required to give serious weight and consideration to the institution's linguistic, cultural, and educational significance to the francophone minority.
Appeal and cross-appeal were dismissed, the quashing order was affirmed, and the matter was remitted for reconsideration.
