Minority Language Educational Rights

Introduction

The Minority Language Education Rights, or section 23 of the Charter, exists in order to preserve minority language education rights in Canada. This section ensures that the option to attend French first language classes exists in provinces where French is not the majority language (or in English where English is not the majority language).

Section 23

1. Citizens of Canada
   1. 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
   2. 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 instruction in English or French in Canada, have the right to have all their children receive primary and secondary instruction in the same language.
   
   
3. The rights of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary instruction in the language of the English or French linguistic minority population of a province
   1. applies whenever 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
   2. includes, where the number of those children so warrants, that right to have them receive that instruction in minority language educational facilities provided out of public funds.
   
   

School Context

Canada's two official languages of French and English are clearly specified under the Canadian Charter. Under constitutional law, Canadians are entitled to have their children educated in their first language and since education is the responsibility of provincial governments, the provinces are required “to provide education to Canadians in the official language of their choice, even in areas where a minority of residents speak that language.”i Where English is the majority language, education of their children in French applies to three categories of Canadian citizens: those whose their first language learned and understood is French; those who received their primary education in Canada in French and the minority language is French in the province where they currently reside; those who have a child who has received or is receiving his or her education (primary or secondary) in French in Canada. Where French is the majority language, education of their children in English also applies to three categories of Canadian citizens: those whose their first language learned and understood) is English; those who received their primary education in Canada in English and the minority language is English in the province where they currently reside; those who have a child who has received or is receiving his or her education (primary or secondary) in English in Canada.

Commentary

Minority language educational rights, throughout Canada's development, have been challenged in many jurisdictions because of differences of opinion in interpreting these rights. When these differences were examined by the Courts, the Courts' decisions have profound implications for schools and school systems.