Doucet-Boudreau v Nova Scotia (Minister of Education) [2003] 3 S.C.R. 3, 2003 SCC 62, was a decision of the Supreme Court of Canada which followed the Nova Scotia Supreme Court's finding that a delay in building French language schools in Nova Scotia violated the claimants' minority language educational rights under section 23 of the Canadian Charter of Rights and Freedoms. This finding led to an important debate regarding the scope of section 24(1) of the Charter, which provides for remedies for those whose rights are infringed, and the applicability of the common law doctrine of functus officio. While the Supreme Court of Canada split on what constitutes an appropriate usage of section 24(1), the majority favoured a section 24(1) with broad, flexible capabilities.
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| - Doucet-Boudreau v Nova Scotia (Minister of Education) (en)
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| - Doucet-Boudreau v Nova Scotia (Minister of Education) [2003] 3 S.C.R. 3, 2003 SCC 62, was a decision of the Supreme Court of Canada which followed the Nova Scotia Supreme Court's finding that a delay in building French language schools in Nova Scotia violated the claimants' minority language educational rights under section 23 of the Canadian Charter of Rights and Freedoms. This finding led to an important debate regarding the scope of section 24(1) of the Charter, which provides for remedies for those whose rights are infringed, and the applicability of the common law doctrine of functus officio. While the Supreme Court of Canada split on what constitutes an appropriate usage of section 24(1), the majority favoured a section 24(1) with broad, flexible capabilities. (en)
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| - McLachlin, Gonthier and Bastarache (en)
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citations
| - [2003] 3 S.C.R. 3, 218 N.S.R. 311, 218 N.S.R. 311, 232 D.L.R. 577, 112 C.R.R. 202 (en)
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history
| - Judgment for the Attorney General in the Court of Appeal for Nova Scotia. (en)
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majority
| - Iacobucci and Arbour (en)
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ratio
| - Section 24 of the Canadian Charter of Rights and Freedoms provides responsive and effective remedies for those whose Charter rights are violated; remedies may be creative, compared to traditional judicially awarded remedies. (en)
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| - Doucet-Boudreau v Nova Scotia (Minister of Education) [2003] 3 S.C.R. 3, 2003 SCC 62, was a decision of the Supreme Court of Canada which followed the Nova Scotia Supreme Court's finding that a delay in building French language schools in Nova Scotia violated the claimants' minority language educational rights under section 23 of the Canadian Charter of Rights and Freedoms. This finding led to an important debate regarding the scope of section 24(1) of the Charter, which provides for remedies for those whose rights are infringed, and the applicability of the common law doctrine of functus officio. While the Supreme Court of Canada split on what constitutes an appropriate usage of section 24(1), the majority favoured a section 24(1) with broad, flexible capabilities. (en)
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case-name
| - Doucet-Boudreau v Nova Scotia (en)
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| - Glenda Doucet‑Boudreau, Alice Boudreau, Jocelyn Bourbeau, Bernadette Cormier‑Marchand, Yolande Levert and Cyrille Leblanc, in their name and in the name of all Nova Scotia parents who are entitled to the right, under Section 23 of the Canadian Charter of Rights and Freedoms, to have their children educated in the language of the minority, namely the French language, in publicly funded French-language school facilities, and Fédération des parents acadiens de la Nouvelle‑Écosse Inc. v. Attorney General of Nova Scotia (en)
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| - Appeal allowed, trial judge order restored. (en)
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