Historic Decision
How important was SOS Montfort’s victory?
The Ontario Divisional Court and the Court of Appeal of Ontario concluded that Montfort was essential to the survival and well-being of the Franco-Ontarian community and that any recommendation to close the hospital violated the unwritten constitutional guarantee relating to the protection of minority rights. For the first time, the Courts clearly indicated that Montfort was vital to the community and that its closure was unconstitutional.
The Canadian Constitution thus protects not only Hôpital Montfort as a cultural institution but it also extends this protection to all of the other minority language institutions because they are deemed essential to the survival of the Franco-Ontarian community. Constitutional rights had already been conferred in the field of education. The ruling relating to Montfort extended constitutional protection to all of the institutions that ensure the well-being of a minority language community.
With this ruling, Montfort was recognized as an institution "essential to the Franco-Ontarian community." In this context, its role includes the following responsibilities:
- Maintain the French language
- Transmit French culture
- Promote Franco-Ontarian solidarity
- Protect the Franco-Ontarian community from assimilation