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The Right to Minority Language Public School Education as a Function of the Equality Guarantee: A Reanalysis of the Gosselin Supreme Court of Canada Charter Case
| Type of resource | |
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| Author/collaborator |
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| Title |
The Right to Minority Language Public School Education as a Function of the Equality Guarantee: A Reanalysis of the Gosselin Supreme Court of Canada Charter Case
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| Abstract |
The author examines a 2005 Supreme Court of Canada decision dealing ostensibly with the protection of language minority rights. She argues that the case, in fact, concerns the Court imposing statutory limits on constitutionally guaranteed equality and liberty rights. The Court in the instant case held as constitutional Quebec legislation permitting access to English language schools only to children who have received, or are receiving the majority of their instruction in English in Canada, or whose parents received the majority of their instruction in English in Canada at the primary school level. The appellants, members of the French majority in Quebec, could not meet those eligibility criteria. Therefore, they were held to have no right to access English language public schools for their children. The ruling, the author argues, is inconsistent with the equality and liberty guarantees as well as the minority language protection clause of the Canadian Charter of Rights and Freedoms.
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| Publication |
Education and the Law
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| Volume |
Vol. 18
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| Issue |
no. 4
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| Pages |
283-294
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| Date |
2006
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| Language |
en
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| Citation |
Grover, Sonja. “The Right to Minority Language Public School Education as a Function of the Equality Guarantee: A Reanalysis of the Gosselin Supreme Court of Canada Charter Case.” Education and the Law Vol. 18, no. 4 (2006): 283–294.
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Page 86 of 259
