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
Section 23 of the Canadian Charter of Rights and Freedoms two changes were made to Manitoba's Public School Act (PSA) in 1966 and 1970 when French language instruction was once again recognized as an official language of instruction. Manitoba's minority French language instruction rights have developed since the introduction of the Charter and Section 23 to a point where they have allowed for the inclusion of a separate school board (La Division Scolaire Franco-Manitobaine DSFM) which is fully funded by the provincial treasury and operates throughout the Province. Significant with regards to the Province's (Manitoba) interpretation of section 23 is how the "number of Students" and not "mother tongue" is