What is the test for Section 23 of the Canadian Charter protecting official language education?

Quebec, Canada


The following excerpt is from Procureur général du Québec c. Quebec English School Board Association, 2020 QCCA 1171 (CanLII):

Section 23 of the Canadian Charter is one component in Canada’s constitutional protection of the official languages. The section is especially important because of the vital role of public education in preserving and encouraging the linguistic and cultural vitality of official language minorities in each of the provinces of Canada, that is, the English-speaking minority in Quebec and the French-speaking minorities in the rest of the country: Mahe v. Alberta, 1990 CanLII 133 (SCC), [1990] 1 S.C.R. 342, p. 350 (“Mahe”) (see also Doucet-Boudreau v. Nova Scotia (Minister of Education, 2003 SCC 62, [2003] 3 S.C.R. 3, para. 26 (“Doucet-Boudreau”)).

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