Brent D. Tyler

The appellant challenged the denial of a certificate of eligibility for her children to attend English-language public schools in Quebec.

The denial was based on the children not having completed the 'major part' of their instruction in English as required by s. 73(2) of the Charter of the French language.

The Supreme Court of Canada held that s. 73(2) is constitutional if interpreted to require a qualitative, rather than strictly quantitative, assessment of the child's educational experience to determine genuine commitment to a minority language education.

The appeal was allowed in part, and the appellant's children were found eligible for English education.

The appellants, members of the French language majority in Quebec, sought access to publicly funded English language instruction for their children.

They argued that section 73 of the Charter of the French language, which restricts access to English schools to the English language minority, violates the equality rights guaranteed by the Quebec Charter of Human Rights and Freedoms.

The Supreme Court of Canada dismissed the appeal, holding that equality guarantees cannot be used to invalidate or modify the special status and comprehensive code for minority language education rights established by section 23 of the Canadian Charter of Rights and Freedoms.

The appellant parents sought access to public instruction in English in Quebec for their children pursuant to s. 73 of the Charter of the French language.

They attempted to bypass the administrative appeal process by seeking injunctive and declaratory relief directly in the Superior Court.

The Supreme Court of Canada held that the Administrative Tribunal of Québec (ATQ) has exclusive jurisdiction to hear appeals regarding entitlement to minority language education and possesses the authority to decide incidental constitutional questions.

Consequently, the appellants could not bypass the administrative process, and the appeals were dismissed.