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.
