Supreme Court of B.C. dismissed Snuneymuxw First Nation’s case against School District 68

The Supreme Court of B.C. dismissed Snuneymuxw First Nation‘s case against School District 68 on Friday regarding the closure of schools in Cedar.

The legal challenge was brought by the SFN, who said they were not adequately consulted by the district before it proceeded with plans to close three schools that are attended by children from the First Nation, including Cedar Secondary School.

The court’s decision examined whether consultation occurred before the district’s long-term facilities plan was adopted in April and determined that the level of consultation argued for by SFN was not required.

SFN pointed to a number of difficulties they experienced in having their position heard by the district, wrote Chief Justice Christopher Hinks in the ruling.

“In my view, these difficulties, while unfortunate, were not an attempt by the respondent to foreclose the petitioners from making their position on the school closures known.”

The judge granted that it may have been preferable for SFN to have been “afforded greater consultation” by the school district’s staff but they had “adequately fulfilled (their) obligations to the petitioners. .. even assuming a heightened duty was owed to them based on the importance of the decision to them as a First Nations group.”

That heightened duty was highlighted in the SFN’s argument, which included articles from the United Nations Declaration on the Rights of Indigenous Peoples that state the need for “free prior and informed consent” before adopting and implementing legislative or administrative measures that may affect them.

“I’m quite surprised, to be honest, with all the rulings in the paper recently about the

aboriginal issues and people recognizing them as not being consulted,” said Steve Rae of Save Cedar Schools, a coalition of parents who say they’re fighting for accountability in School District 68. “We’re very thankful to former Chief (Doug) White and Chief (John) Wesley for standing up and doing what’s right. I mean the reality is, whatever the judge decided, consultation didn’t take place. The people in this community have clearly spoken, that that’s not what they want.”

At this point the coalition will direct their energy into November’s trustee elections, he added. “The Board believed its consultation was thorough and appropriate, given the requirements of the School Act, and we are pleased that the court confirmed this,” said district vice-chairwoman Donna Allen in a statement. “As we go forward, the Board is committed to continuing to maintain strong, respectful and collaborative relationships with all of its First Nations and Aboriginal communities.”

It is not yet clear whether SFN will appeal the decision.

“Snuneymuxw’s chief and council will come together and review the judgement and undertake thorough analysis in order to identify the next steps, moving forward,” said SFN Councillor Erralyn Thomas.