Civil liberties group backs return of Listuguj students to Sugarloaf

The Canadian Civil Liberties Association said it's prepared to go to court to fight to get students from Listuguj First Nation back to school in Campbellton.

The group has written a letter to the province asking that students be allowed to attendSugarloaf High School, but "if they double down and refuse to do so," then court action could follow, said Michael Bryant, the executive director and chief legal counsel of the Canadian Civil Liberties Association.

Speaking to Information Morning Moncton, Bryant said the students are being discriminated against, "not because of where they live, but because, in fact, they're Indigenous."

About 100 high school students from Listuguj, just across the Restigouche River in Quebec,normally attend Sugarloaf High School in Campbellton. But in October, they were told they can no longer cross the bridge into New Brunswick as a result of the government's decision to suspend the mini-bubble with Quebec's Avignon region.

Bryant said the decision is "unlawful" and "arbitrary."

"We've written the attorney general of New Brunswick to correct it because it's just unconstitutional."

"The law requires that those students (and their teachers) be able to attend that school, yet Government of New Brunswick officials are frustrating the law, by denying those students entry into its province," says the letter sent to New Brunswick Attorney General Ted Flemming.

The letter also points out that teachers who live in Quebec are allowed to enter, but the students they teach are not.

"And this all violates Canadians' mobility rights under section Section 6 of the Constitution," said Bryant.

Any exceptions to that "would need to be demonstrably justified, which means they've got evidence that shows it absolutely necessary to stop those kids from crossing that bridge and going to high school. And of course, they don't have any such evidence at all."

He said "nothing trumps the Constitution." Not even the provincial emergency order related to COVID-19.

"The order itself creates an exception for these First Nations students to be able to cross the bridge from Quebec into New Brunswick," Bryant said.

"So, in fact, this is an instance where the assistant deputy minister of education or the officials at the [Department] of Education aren't following their own law."

He said an argument can be made that attending high school is essential, similar to students being allowed to cross to go to the hospital located on the Campbellton side of the bridge.

"One would hope that the kids would not be stopped en route to the hospital. Similarly, it's to be understood that going to school is essential and, in the same way, they shouldn't be stopped."

Bryant said his group is hopeful that the attorney general will instruct the minister of education to invite Listuguj First Nation students back to school at Sugarloaf.

The Cityof Campbellton is hoping for the same thing. On Monday night, councillors unanimously passed a motion introduced by Gilbert Cyr.

Cyr, a former principal at Sugarloaf High School, said his town is concerned about students from Listuguj who aren't able to attend school.

"It's extremely hard on the kids," said Cyr.

The motioncalls on the province to classify education as an essential service.

• Listuguj chief hopeful about return to Campbellton school after COVID-19 barrier

Cyr said he understands the importance of preventing the spread of COVID-19, but he thinks students can still safely attend school from Listuguj. After all, he said, the community is locked down and all access points are monitored to keep track of who is entering.

He wonders why two buses couldn't take students directly from the locked down community to school across the bridge.

Certain inconsistencies in the exemptions make it difficult to swallow a complete ban on all high school students from Listuguj, said Cyr. For example, he said one bus continues to take some K-8 students from Listuguj, where there is a K-8 school,to one in Campbellton.

And teachers on bothsides of the bridge continue tocross every day to teach on the other side.

Cyr said Campbellton council "stands behind the fair and equitable treatment of all the youth and students in our area, and in this case in particular, our students from Listuguj."

He said all students in the community regardless of what side of the river they live on should be treated the same way and have the same access to education.

"But to send one segment home? We, as a community, don't see that as equitable," said Cyr.