Parents won't rule out Supreme Court fight over school closures

Parents whose children attended Brown's Flat Elementary and Lorne Middle Schools haven't ruled out taking their court battle to the Supreme Court of Canada.

The Court of Appeal ruled on Friday that a lower court judge went too far in quashing the education minister's approval of the closures.

• Parents of Brown's Flat and Lorne schools lose court fight

• Judge overstepped authority in school closure ruling, government argues

• 28 New Brunswick schools to be studied for closure

Chief Justice Ernest Drapeau said in a brief oral ruling on Friday that without compelling reasons, judges shouldn't overrule decisions by elected officials, such as education councils.

The province's top court will issue a longer, detailed written ruling in the weeks to come.

Kelly Lamrock, the lawyer for the parents from the two schools that were closed, said he wanted to see the written reasons for the decision before advising the parents on their next step.

"We are going to have a look at see if it may be worth getting the Supreme Court's thoughts on it. But for now the schools do remain closed," he said.

The Anglophone South District Education Council voted in April to close Brown's Flat and Lorne Middle schools. The DEC's decision was then accepted by Education Minister Serge Rousselle.

Lamrock said his clients feel like they were let down in the school closure decision.

"No doubt they are disappointed," he said on Monday.

"These are folks who really did work very hard to save schools and they are, I think it is safe to say, while they certainly respect the role the judiciary played, I think the elected government, they believe did not treat them well."

'Broader issue'

The lawyer, who was also a former Liberal education minister and then ran as a NDP candidate in the last provincial election campaign, said there are important legal points that may need to be clarified.

But the question that Lamrock said also needs to be addressed is a political one considering the number of other communities that could find themselves in the same situation facingschool closures in the coming years.

"The broader issue here is what is the duty of government to explain itself," he said.

"Is it enough to say, 'I am elected, it's closed because I said so and if you don't think that the reasons are good or adequate then take it out at the ballot box.' Or is there some duty in these particular circumstances to explain."

The education minister has already announced that 28 schools will be the subjects of viability studies to see if they should remain open.

Under new criteria established earlier this year, DECs around New Brunswick will study whether to close a total of 28 schools in the coming year.

A school is subjectto a viability study when it has fewer than 100 students or its occupancy rate falls below 30 per cent. The study does not automatically lead to a closure, as the final decision rests with the minister of education.