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
Charter of the French Language of the OQLF was criticized by a columnist of "The Gazette" who alleged that there was a "totalitarian mindset in the bureaucracy". The columnist complained of sections of the report which described the continued prevalence of languages other than French in two-thirds of Montreal's households as an "alarming" trend that would present a formidable challenge to francophones in Montreal. In reality, the report judged alarming the fact that adoption of English as home language by allophones grew faster than the adoption of French as home language. The use of the notwithstanding clause in the 1990s to circumvent the Canadian Charter