Gosselin (Tutor of) v Quebec (AG)

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Gosselin (Tutor of) v Quebec (Attorney General)
Supreme Court of Canada
Hearing: 22 March 2004
Judgment: 31 March 2005
Full case name Roger Gosselin, Guylaine Fillion, Daniel Trépanier, Claudette Gosselin, Guy Boulianne, Johanne Labbé, Alain Chénard, Rachel Guay, Gilles Maltais, Guylaine Potvin, Jean‑Marie Martineau, Mance Bourassa, Marc Joyal, Marie‑Irma Cadet, René Giguère and Lucille Giordano v Attorney General of Quebec and Minister of Education
Citations 2005 SCC 15
Docket No. 29298
Prior history Appeal from Gosselin c. Québec (Procureur général) 2002 CanLII 11763 (15 May 2002)
Ruling Appeal dismissed
Court Membership
Chief Justice: Beverley McLachlin
Puisne Justices: John C. Major, Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron
Reasons given
Unanimous reasons by The Court
Abella and Charron JJ took no part in the consideration or decision of the case.

Gosselin (Tutor of) v Quebec (AG), [2005] 1 S.C.R. 238, 2005 SCC 15 is a leading case of the Supreme Court of Canada on the constitutional protection of minority language rights under section 23 of the Canadian Charter of Rights and Freedoms. The case was part of a trilogy of minority language rights cases including Solski (Tutor of) v. Quebec (Attorney General), 2005 SCC 14 and Casimir v. Quebec (Attorney General), 2005 SCC 16.

A number of French-speaking families who wanted their children educated in English but did not qualify under the Charter of the French Language for English schooling challenged the French Charter as a violation of their equality rights under sections 10 and 12 of the Quebec Charter of Human Rights and Freedoms.

The Court rejected the claim. It held that the parents were not protected under the minority language rights provision in section 23 of the Canadian Charter. The Court also found that the equality right cannot be used to invalidate other rights under the Constitution; consequently there was no violation.

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