School closure debate shifts to Court of Appeal

The legal fight over the closure of two schools in the Saint John area is moving to New Brunswick's top court on Tuesday afternoon.

A justice of the New Brunswick Court of Appeal will hear arguments on the provincial government's motion to put a hold on an Aug. 28 ruling by Justice Darrell Stephenson of the Court of Queen's Bench.

• Judge tells parents to send students to new schools
• Judge overstepped authority in school closure ruling, government argues
• Serge Rousselle announces appeal of school closure ruling

It quashed Education Minister Serge Rousselle's decision earlier this year to approve the closure of the Brown's Flat Elementary and Lorne Middle schools.

Stephenson ruled the Anglophone South District Education Council's process was flawed.

But Stephenson also said in his ruling he was not ordering the schools to stay open.

That prompted the DEC to declare it would keep the schools closed because it was too close to the start of the school year to undo changes made to staffing and bus routes.

In response, Lamrock went back to Court of Queen's Bench, asking for a clear court order forcing the district to re-open the schools.

At the same time, Rousselle announced the provincial government would appeal Stephenson's quashing of his decision and ask the court to issue a stay meaning put it on hold pending the full appeal hearing, which hasn't been scheduled.

The provincial government is arguing Stephenson exceeded his authority, saying only Rousselle gets to decide if the DEC process was fair.

On Friday, Stephenson turned down Lamrock's request for an order, saying it was not practical to expect a school district to reverse a closure order on short notice.

"Nothing is happening here today," he said.

Stephenson said parents should send their children to their new schools on Tuesday and asked the lawyers to come back with full arguments on Sept. 14.

But that entire process would be blocked if the Court of Appeal gives the provincial government the stay of proceedings it's asking for.