Document Information

Date: 1980-11-24
By: Canada, Department of Justice
Citation: [Department of Justice?], [Loose Section 23 Drafts], (24 November 1980).
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Note: This document is discussed in an article that has been recently submitted to a peer-review journal.

23. (1) Citizens of Canada, who have received their primary or secondary school instruction in English or French in Canada, and who reside in a province in which their language of instruction is that of the English or French linguistic minority population of that province, have the right to have their children receive primary and secondary school instruction in that province in their language of instruction.

(2) Citizens of Canada who do not meet the language of instruction prerequisite of subsection (1) but whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, have the right to have their children receive primary and secondary school instruction in that language in that province if they can establish that public educational facilities in that language were not available to enable them to receive their public or secondary school education in that language.

(3) Citizens of Canada of whom one child has received 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.

(4) The right^[s] of citizens of Canada under this section to have their children receive primary and secondary school instruction in the language of the English or French minority population of a province applies only where the citizens reside in an area of the province in which the number of children of citizens having ^[such] that ^[a] right is sufficient to warrant the provision out of public funds of minority language educational facilities in that area.

23.(1) Citizens of Canada, who have received their primary or secondary school instruction in English or French in Canada, and who reside in a province in which their language of instruction is that of the English or French linguistic minority population of that province, have the right to have their children receive primary and secondary school instruction in that province in their language of instruction.

(2) Citizens of Canada who do not meet the language of instruction prerequisite of subsection (1) but whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, have the right to have their children receive primary and secondary school instruction in that language in that province if they can establish that public educational facilities in that language were not available to enable them to receive their public or secondary school education in that language.

(3) Citizens of Canada of whom one child has received 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.

(4) The right^[s] of citizens of Canada under this section to have their children receive primary and secondary school instruction in the language of the English or French minority population of a province applies only where the citizens reside in an area of the province in which the number of children of citizens having ^[such] that ^[a] right is sufficient to warrant the provision out of public funds of minority language educational facilities in that area.