''Gosselin (Tutor of) v Quebec (AG)'', 2005 SCC 15,

005 ''005'' (pronounced "''double-o five''") is a 1981 arcade video 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. ...

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 u ...

of the

Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...

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) and ...

rights under section 23 of the ''

Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Char ...

''. 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 French may refer to: * Something of, from, or related to France ** French language, which originated in France ** French people, a nation and ethnic group ** French cuisine, cooking traditions and practices Arts and media * The French (band), ...

-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'' (, ), also known as Bill 101 (, ), is a law in the Canadian province of Quebec defining French, the language of the majority of the population, as the official language of the provincial government. It is th ...

'' 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'' (, ), 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, 1975. It received Royal Assent from Lieutenant Gove ...

''. The Court dismissed the claim. It ruled that the parents were not covered under the minority language rights provision in section 23 of the Canadian Charter. The Court also determined that the equality right cannot be employed to nullify other rights under the Constitution; hence there was no violation.

External links

*
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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 {{Canada-law-stub Education case law in Canada

See also

External links