Encyclopedia > Section Three of the Canadian Charter of Rights and Freedoms
3. Every citizen of Canada has the right to vote in an election of the members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Section Thirty-three of the CanadianCharter of Rights and Freedoms is part of the Constitution of Canada.
The rights to be overridden, however, must be either a fundamental right (e.g., section 2 freedom of speech, religion, association, etc), a legal right (e.g., liberty, search and seizure, cruel and unusual punishment, etc), or a section 15 equality right.
On December 21, 1989, the premier of Quebec employed the "notwithstanding clause" to override freedom of expression (section 2b), and equality rights (section 15).
Section Twenty-three of the CanadianCharter of Rights and Freedoms is the section of the Charter that constitutionally guarantees minority language educational rights to French-speaking communities outside Quebec, and, to a lesser extent, English-speaking minorities in Quebec.
Sections 23(3)(a) and (b) state the "number of children" must be "sufficient to warrant" government spending for either schooling or the building of school facilities.
Somewhere between the right to a school and a right to a school board was a right for the minority language community to have some members on a larger school board.