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SCC strikes down Quebec language law amendments that disregarded unsubsidized private school attendance for English instruction eligibility.
The Quebec legislature amended the Charter of the French language to disregard periods of attendance at unsubsidized English-language private schools and instruction received pursuant to special authorizations when determining eligibility for publicly funded English-language instruction.
The respondents challenged these amendments.
The Supreme Court of Canada held that paragraphs 2 and 3 of s. 73 of the Charter of the French language infringe the minority language educational rights guaranteed by s. 23(2) of the Canadian Charter of Rights and Freedoms.
The Court found that the absolute prohibition on considering such instruction creates a fictitious educational pathway, preventing the required global qualitative assessment.
The infringement was not justified under s. 1 of the Charter, as the measures were not minimally impairing.
The appeals and cross-appeals were dismissed, and the provisions were declared unconstitutional, with the declaration suspended for one year.
Appeal allowed; employers' association granted standing to challenge anti-strike-breaking provisions.
The Supreme Court of Canada allowed the appeal from the Quebec Court of Appeal, granting the employers' association standing to challenge the constitutionality of the anti-strike-breaking provisions of the Labour Code.
The Court adopted the reasons of Chouinard J.A. of the Quebec Court of Appeal, setting aside the lower court judgments and dismissing the motion to dismiss.
