Section 23 Constitution Act 1982 (Charter of Rights and Freedoms)

20 Oct, 2022 Canada 0 Comments 0

OTHER CANADIAN LAWS 1. Rights and freedoms in Canada. 2. Fundamental freedoms. 3. Democratic rights of citizens. 4. Maximum duration of legislative bodies. 5. Annual sitting of legislative bodies. 6. Mobility of citizens. 7. Life, liberty and security of person. 8. Search or seizure. 9. Detention or imprisonment. 10. Arrest or detention. 11. Proceedings in criminal and penal matters. 12. Treatment or punishment. 13. Self-crimination. 14. Interpreter. 15. Equality before and under law and equal protection and benefit of law. 16. Official languages of Canada. 16.1. English and French linguistic communities in New Brunswick. 17. Proceedings of Parliament. 18. Parliamentary statutes and records. 19. Proceedings in courts established by Parliament. 20. Communications by public with federal institutions. 21. Continuation of existing constitutional provisions. 22. Rights and privileges preserved. 23. Language of instruction. 24. Enforcement of guaranteed rights and freedoms. 25. Aboriginal rights and freedoms not affected by Charter. 26. Other rights and freedoms not affected by Charter. 27. Multicultural heritage. 28. Rights guaranteed equally to both sexes. 29. Rights respecting certain schools preserved. 30. Application to territories and territorial authorities. 31. Legislative powers not extended. 32. Application of Charter. 33. Exception where express declaration. 34. Citation. 35. Recognition of existing aboriginal and treaty rights. 35.1. Commitment to participation in constitutional conference. 36. Commitment to promote equal opportunities. 37. Repealed. 38. General procedure for amending Constitution of Canada. 39. Restriction on proclamation. 40. Compensation. 41. Amendment by unanimous consent. 42. Amendment by general procedure. 43. Amendment of provisions relating to some but not all provinces. 44. Amendments by Parliament. 45. Amendments by provincial legislatures. 46. Initiation of amendment procedures. 47. Amendments without Senate resolution. 48. Advice to issue proclamation. 49. Constitutional conference. 50. Section 92A, Constitution Act, 1867 51. Sixth Schedule, Constitution Act, 1867 52. Primacy of Constitution of Canada. 53. Repeals and new names. 54. Repeal and consequential amendments. 55. French version of Constitution of Canada. 56. English and French versions of certain constitutional texts. 57. English and French versions of this Act. 58. Commencement. 59. Commencement of paragraph 23(1)(a) in respect of Quebec. 60. Short title and citations. 61. References Schedule (Not available)

Section 23 Constitution Act 1982

Section 23 Constitution Act 1982 is about Language of instruction. It is under Part I (Canadian Charter of Rights and Freedoms) and ‘Minority Language Educational Rights’ of the Act.

Language of instruction

(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.

Continuity of language instruction

(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.

Application where numbers warrant

(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
(b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.

See also:

– Section 22 Constitution Act 1982

– Section 21 Constitution Act 1982