ABSTRACT
Since 1982 the Charter has been a catalyst for a flurry of court activity in the domain of education, resulting in wide-scale scrutiny of educational policy and practice. Some rulings have strengthened the rights of minorities to increase their control over the education of their children. This is particularly true of the francophone linguistic minority outside of Quebec. At the same time, the courts have helped to oversee the elimination of traditional Protestant education without permitting redress for dissenting minorities, of Protestant and other religions alike. The courts seem to be adopting a political, even a legislative or executive role, as distinct from providing a consistent interpretation of the Charter. Whilst some courts have advanced particularly liberal views, others have been quite conservative. Liberal decisions involve the courts using their vested power and creativity in the capacity of a law-maker by striking down laws.
