Conseil scolaire francophone de la Colombie-Britannique v British Columbia

The CSF case extended s.23 doctrine. Where s.23 is engaged, minority-language students are entitled to a substantively equivalent educational experience to majority-language students, assessed by reference to schools the comparator student would attend in similar circumstances.

The CSF challenged BC funding decisions resulting in inferior facilities, larger class sizes, and longer transportation times for francophone students.

What is the substantive content of s.23 entitlement to education?

For the CSF — substantive remedies ordered.

Section 23 requires substantively equivalent educational experience for the minority-language community. The comparator is the educational experience offered to majority-language students in similar circumstances. Inferior facilities, longer transport, smaller class sizes can constitute s.23 breaches.

Wagner CJ held that the s.23 remedial purpose requires substantive — not merely formal — equivalence. The Court must compare apples to apples (small communities to small communities, etc.) but the comparison is substantive.

Modern leading case on minority-language education quality. Successor to Mahe and the Manitoba Public Schools Reference. Influences provincial school-board funding decisions.

Conseil scolaire francophone de la Colombie-Britannique v British Columbia, 2020 SCC 13, [2020] 1 SCR 678.

Wagner CJ, Abella J, Moldaver J, Karakatsanis J, Côté J, Brown J, Rowe J, Martin J, Kasirer J