Anglophone East vows to fight dissolution, disputes minister's misspending allegation

The Anglophone East district education council says it will challenge the New Brunswick government's request to dissolve the elected body over an allegation it is misusing funds on a lawsuit over a gender identity policy.

The provincial government filed an application Friday in Moncton court asking a judge to approve dissolution of the council overseeing schools in the Moncton-region.

The filing alleges the council misused education funding on a legal challenge over Policy 713, citing more than $400,000 in legal costs by the education council so far. The council has argued the policy infringes on the rights of students.

"The fact that we are forced to defend our students and protect them is not a misappropriation of funds," Dominic Vautour, the education council's vice chair, said in an interview Tuesday afternoon. 

On Tuesday, the education council issued a scathing statement about the province's dissolution request.

"This unprecedented action represents a stark authoritarian power grab that places not only the integrity of our educational system but also the very fabric of our democratic society in jeopardy," the council said in the statement.

The statement described a letter Education Minister Blll Hogan sent to the district Monday, which threatened to hold Vautour and chair Harry Doyle personally liable for the legal spending, "nothing short of schoolyard bullying."

WATCH | 'It's schoolyard bullying' 

Education council responds to province's bid to dissolve it

5 months ago

Duration 0:49

Anglophone East vice-chair says council will oppose an attempt to dissolve the board overseeing Moncton-area schools.

That letter pointed to $408,374 spent so far on legal fees for a lawsuit challenging Policy 713, calling the spending a misappropriation of funds. 

"As Minister, I am ultimately responsible for the use of public funds and your actions in this matter have been irresponsible and grossly negligent," Hogan's letter states.

The dissolution request and Hogan's letter came after a judge issued a ruling dismissing the council's case Friday. 

Court of King's Bench Chief Justice Tracey DeWare's decision says the education council lacked standing to bring the case to court, and it found the issues would be better determined through a separate legal challenge to Policy 713 filed by the Canadian Civil Liberties Association. 

A lawyer for Anglophone East confirmed that appeal paperwork has been filed. 

DeWare's ruling noted that the province's lawyers argued the council wasn't authorized to spend public money on the case. DeWare wrote that the legislature authorizes spending, and the judiciary is tasked with maintaining the rule of law and protecting rights. 

"Whenever one branch of government is brought to task over a potential Charter infringement, the appetite of the government actor whose actions have been called into question to directly fund or see public funds used to support the challenge, cannot be a dispositive factor," DeWare wrote.

"Democracy is messy and it is expensive."

On Tuesday, the council pointed to that portion of the decision.

"This statement underscores the Chief Justice's recognition that our use of funds to challenge potential Charter infringements is a legitimate and necessary aspect of our democratic system, not a misappropriation," its statement said. 

It's unclear when a judge will hear the province's dissolution request.