Charter of the French Language Court of Canada disagreed with the discrimination-based-on-ancestry argument under the Quebec Charter of Human Rights and Freedoms in "Gosselin (Tutor of) v. Quebec (Attorney General)", believing that it conflicted with section 23 of the Canadian Charter of Rights and Freedoms. The criteria used by Quebec to determine if parents are entitled to have their children instructed in English are the same as those found under section 23 of the Canadian Charter of Rights and Freedoms. The 2001 report of the Estates-General on the Situation and Future of the French Language in Quebec identified the negative perception of Quebec's language policy
French Language Services Act obtain designation, Francophones must make up at least 10% of its population, and urban centres must have at least 5,000 francophones. Previous to 2009, the definition of a francophone in Ontario included only native French speakers. This definition was broadened by the Government of Ontario in June 2009 "to better reflect the changing face and diversity of Ontario's Francophone communities." The new Inclusive Definition of Francophones (IDF) now includes allophones, "those whose mother tongue is neither French nor English but have particular knowledge of French as an official language and use French at home, including many recent immigrants to Ontario