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Mahe v. Alberta : ウィキペディア英語版
Mahe v Alberta

''Mahe v Alberta'', () 1 S.C.R. 342 is a leading decision of the Supreme Court of Canada. The ruling is notable because the court established that section 23 of the ''Canadian Charter of Rights and Freedoms'' requires that parents of the official-language minority in each province have the right either to be represented on the school board, or to have a school board of their own, in order to provide adequate protection for the education rights of their children.
==Background==
Three Edmonton citizens, Jean-Claude Mahe, Angeline Martel and Paul Dubé, were dissatisfied with the quality of the French language schools provided by the Alberta government. In 1982 they submitted a proposal to the Minister of Education for a new French elementary school that would be administered by a committee of parents within an autonomous French school board.
The Minister of Education told them that it was not in their policy to make such arrangements and so they suggested they try to do it through the public school board. The board rejected them. Mahé and the others brought an action against the government of Alberta for violating their right to a Francophone-run education system under section 23 of the ''Charter''.
The questions before the Supreme Court were:
# Have the rights of the Francophone population of Edmonton under section 23(2)(b) of the ''Charter'' been violated?
# Do the rights under section 23 include the right to manage and control the schools? If so, what is the nature and extent of the management and control?
# Does the provincial School Act violate section 23? If so, can it be saved under section 1 of the ''Charter''?
# Are the rights affected by section 93 of the Constitution Act, 1867, section 29 of the ''Charter'', and section 17 of the Alberta Act?

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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