M.B. v. Québec (Éducation, Loisir et Sport), 2025 QCTAQ 14265
Note that the decision is only available in French
The Administrative Tribunal of Québec dismissed an application challenging the Minister of Education’s refusal to issue a declaration of eligibility for instruction in English (DAEA) under the Charter of the French Language.
The applicant argued that, despite having completed his entire primary and secondary education in English and despite the fact that all members of his sibling group had been granted a DAEA, he remained eligible for such a declaration. He also alleged that the refusal infringed the rights guaranteed by section 23 of the Canadian Charter of Rights and Freedoms.
The Tribunal recalled that the Charter of the French Language limits eligibility for instruction in English to the period of compulsory schooling at the preschool, primary, and secondary levels. An application for eligibility must be made while the child is of school age and before the completion of compulsory schooling.
The Tribunal concluded that section 23 of the Canadian Charter protects the right of parents to have their children educated in the language of the linguistic minority, but does not confer an autonomous right to obtain a provincial eligibility certificate for an adult who has already completed compulsory schooling. The alleged prejudices relating to future access to English-language college education, to government services in English, or to the language rights of future children were found to be hypothetical.
The application was dismissed, as the Tribunal found no infringement of the applicant’s language rights.
