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ARTICLE · 19 DECEMBER 2023

There's Still Value In Values: Doré And French Language Education Rights Affirmed By The SCC

Borden Ladner Gervais LLP
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In Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31...

CanadaGovernment, Public Sector
Nadia Effendi
Nadia Effendi
Teagan Markin
Teagan Markin
Rebecca Lang
Rebecca Lang
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In Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31, the Supreme Court of Canada (SCC) affirmed the important role that non-rights holders play in fulfilling minority language education rights under section 23 of the Canadian Charter of Rights and Freedoms (the Charter) while breathing new life into the oft-maligned framework articulated in Doré v. Barreau du Québec, 2012 SCC 12 (Doré). This decision makes clear that reasonableness review under Doré requires a meaningful consideration of how the decision will impact relevant Charter values, even when no Charter right is directly infringed.

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