Rights
1. Citizens of Canada (a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or (b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province.
2. Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.
3. The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province (a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and (b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.
2. Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.
3. The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province (a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and (b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.
Analysis
Section 23 of the charter gives English and French speaking Canadians the right to be schooled in the language of their choice (either French or English). This section of the charter gives the right of the English or French-speaking minority in a province/territory to have their children educated in the minority language. This law comes into play when the first language of the parents is French, the parents had their primary education in English or French, or the parents have a child who has received or is receiving their education in French in Canada. Lastly, People in the English or French-speaking minority have the right to publicly-funded education in the minority language only if there are enough students to justify it. In other words, if there are enough students that need this facility, the government must provide it.
Limitations & restrictions
In Québec: In order to take advantage of this law one would have to be English speaking and want their children to be schooled/taught in English.
In provinces/ territories that are English speaking: one must be French speaking in order to be taught or have their children schooled in French.
In provinces/ territories that are English speaking: one must be French speaking in order to be taught or have their children schooled in French.
Case study
Gosselin (Tutor of) v. Quebec (Attorney General), [2005] 1 S.C.R. 238 Supreme Court of Canada
http://charterofrights.ca/en/20_00_03http://charterofrights.ca/en/20_00_03
Summary and analysis:
This case revolved around a law in Québec that had prevented English schooling for those who needed it. Parents belonging to the French linguistic majority were upset about the law because they wanted their children to be schooled in English. They argued that this law violated their equality rights under section 15 of the Charter. The parents were however, members of the French language majority in Québec and so they did not have minority language education rights. Furthermore, section 23 only gives these rights to those with parents who may speak the language. Therefore, the court’s decision was that no new English schooling facilities would be presented.
http://charterofrights.ca/en/20_00_03http://charterofrights.ca/en/20_00_03
Summary and analysis:
This case revolved around a law in Québec that had prevented English schooling for those who needed it. Parents belonging to the French linguistic majority were upset about the law because they wanted their children to be schooled in English. They argued that this law violated their equality rights under section 15 of the Charter. The parents were however, members of the French language majority in Québec and so they did not have minority language education rights. Furthermore, section 23 only gives these rights to those with parents who may speak the language. Therefore, the court’s decision was that no new English schooling facilities would be presented.