Mary T. Moreau

The appellant appealed to the Supreme Court of Canada regarding his right to use the French language in criminal proceedings before the Alberta courts under s. 110 of The North-West Territories Act.

The Court held that s. 110 is in force in Alberta for federal criminal proceedings.

However, relying on its recent decision in R. v. Mercure, the Court dismissed the appeal regarding the appellant's claim that the judge and Crown must understand and address the accused in French without an interpreter.

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.