The appellants, representing French linguistic minority parents in the Summerside area, requested a local French language school for their children under s. 23 of the Charter.
The French Language Board approved the request, but the Minister of Education refused, offering instead to bus the children to an existing French school 28 to 46 kilometres away.
The Supreme Court of Canada held that the Minister's decision was unconstitutional.
Where numbers warrant, s. 23 grants the minority language community the right to management and control over their educational facilities, including their location.
The Minister's discretion is subordinate to the Charter and the minority's right to preserve and promote its language and culture.
