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ERIC Number: EJ818067
Record Type: Journal
Publication Date: 2006-Dec
Pages: 12
Abstractor: As Provided
Reference Count: 1
ISSN: ISSN-0953-9964
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
Grover, Sonja
Education and the Law, v18 n4 p283-294 Dec 2006
This paper concerns a recent Supreme Court of Canada decision dealing ostensibly with the protection of language minority rights. The case, in fact, however, 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, as discussed, is inconsistent with the equality and liberty guarantees as well as the minority language protection clause of the Canadian Charter of Rights and Freedoms. (Contains 8 notes.)
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Publication Type: Journal Articles; Reports - Evaluative
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Canada
Identifiers - Laws, Policies, & Programs: Canadian Charter of Rights and Freedoms