Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - Constitution Acts 1867 to 1982, Consolidated as on 1 April 1999.
Act adopted 1982
Relevant Provisions
(…)
Part I - Canadian Charter of rights and freedoms
Title 7 - Official languages of Canada
Art.16.1
(1) The English linguistic community and the French linguistic community (in New Brunswick) have equality of status and equal rights and privileges, including the right to distinct educational institutions (…).
Title 8 - Minority language educational rights
Art. 23
(1) Citizens of Canada
(a) Whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or
(b) Who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,
have the right to have their children receive primary and secondary school instruction in that language in that province.
(2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.
(3) The right of citizens of Canada under Subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province
(a) Applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and
Includes, where the number of children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.
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