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 16 of the Canadian Charter of Rights and Freedoms itself to be officially bilingual, New Brunswick is the only province to have its bilingualism guaranteed by section 16. When Manitoba's laws declaring English to be the only official language of the province were found to be invalid in "Re Manitoba Language Rights" (1985), this was due to its contradictions with the "Manitoba Act". Subsection 16(3) provides that a Parliament or provincial government may strive for progress in official bilingualism. This reflects a 1975 court decision, "Jones v. Attorney General of New Brunswick", in which it was found governments may do this. Thus, the Supreme Court in "Société des Acadiens"