''Gosselin (Tutor of) v Quebec (AG)'', 2005 SCC 15,
005
''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...
1 SCR 238 is a
leading case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly ...
of the
Supreme Court of Canada on the constitutional protection of
minority language
A minority language is a language spoken by a minority of the population of a territory. Such people are termed linguistic minorities or language minorities. With a total number of 196 sovereign states recognized internationally (as of 2019) a ...
rights under
section 23 of the ''
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...
''. The case was part of a trilogy of minority language rights cases including ''Solski (Tutor of) v Quebec (AG)'', 2005 SCC 14 and ''Okwuobi v Lester B Pearson School Board; Casimir v Quebec (AG); Zorrilla v Quebec (AG)'', 2005 SCC 16.
A number of
French-speaking families who wanted their children educated in English but did not qualify under the ''
Charter of the French Language
The ''Charter of the French Language'' (french: link=no, La charte de la langue française), also known in English as Bill 101, Law 101 (''french: link=no, Loi 101''), or Quebec French Preference Law, is a law in the Provinces and territories of ...
'' for English schooling challenged the French Charter as a violation of their equality rights under sections 10 and 12 of the ''
Quebec Charter of Human Rights and Freedoms
The ''Charter of Human Rights and Freedoms'' (french: Charte des droits et libertés de la personne), also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1 ...
''.
The Court rejected the claim. It held that the parents were not protected under the minority language rights provision in section 23 of the ''Canadian Charter''. The Court also found that the equality right cannot be used to invalidate other rights under the Constitution; consequently there was no violation.
See also
*
List of Supreme Court of Canada cases (McLachlin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Beverley McLachlin as Chief Justice of Canada
The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of ...
External links
*
{{italic title, all=yes, noerror
Canadian Charter of Rights and Freedoms case law
Supreme Court of Canada cases
Minority schools
Bilingualism in Canada
2005 in Canadian case law
Quebec language policy
Language case law