Roger Gosselin, et al. v. Attorney General of Québec, et al.

(Quebec) (Civil) (By Leave)




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The Appellants are all Canadian citizens, except for Ms. Giordano, who is American. Most received their instruction in French, in the province of Quebec. Ms. Giordano received her instruction in English in the United States and Ms Cadet received hers in French in Haiti.

The Appellants' children are all, except for one, receiving their instruction in French in the province of Quebec.

The Appellants filed motions for declaratory judgments seeking to invalidate sections 72 and 73 of Charter of French Language because they violated sections 10 and 12 of the Quebec Charter of Human Rights and Freedoms by excluding children from English instruction on the basis of the language in which their parents received their instruction.

The Superior Court dismissed the Appellants' motions. The Court of Appeal of Quebec dismissed the appeal.

Lower Court Rulings

November 14, 2000
Superior Court of Quebec

500-05-045937-982, 500-05-046558-985, 500-05-047394-992, 500-05-047476-997, 500-05-047561-996, 500-05-047734-999, 500-05-048073-991, 500-05-048077-992
Appellants' motions for declaratory judgments to declare sections 72, 73, and 75 of the Charter of the French Language inoperative dismissed
May 15, 2002
Court of Appeal of Quebec (Montréal)

Appeal dismissed