The appellants, minority language parents in Edmonton, sought declarations that their rights under s. 23 of the Charter entitled them to management and control of a minority-language school.
The Supreme Court of Canada held that s. 23 guarantees a sliding scale of rights, which includes a measure of management and control where numbers warrant.
The Court found that the numbers of minority language students in Edmonton warranted minority representation on the existing school board with exclusive authority over aspects of education pertaining to minority language and culture.
The Court also held that Regulation 490/82, requiring 300 minutes of English instruction per week, infringed s. 23 and was not saved by s. 1.
