What is the purpose of section 23 of the Charter of Canada and what is the impact of it on minority language education?

15. The general purpose of section 23 of the Charter is to preserve and promote French and English, and their respective cultures, by ensuring that each language flourishes, as far as possible, across Canada. The section aims at achieving this goal by granting minority language educational rights to minority language parents throughout Canada: Mahé v. Alberta 1990 CanLII 133 (SCC), [1990] 1 S.C.R. 342.

16. Section 23 encompasses a sliding scale of requirements: the level of service for which the minority is eligible is to some extent determined by the number of people in a given area who are right-holders: Mahé v. Alberta, supra.

17. Where the numbers warrant, section 23 confers upon minority language parents a right to management and control over the educational facilities in which their children are taught. This right may require linguistic minority representation on an existing school board. In some circumstances, it may warrant the creation of an independent school board: Mahé v. Alberta, supra.