Three Edmonton citizens, Jean-Claude Mahé, Angeline Martel and Paul Dubé, were dissatisfied with the quality of the French-language schools provided by the Alberta government.

The Minister of Education told them that it was not its policy to make such arrangements and so it suggested that they try to do so through the public school board.

Mahé and the others brought an action against the Alberta government for violating their right to a Francophone-run education system under section 23 of the Charter.

The questions before the Supreme Court were: The Court held that section 23 guarantees representation on the school board and exclusive control over the children's education with respect to culture, or it can guarantee a separate school board.

He began by examining the purpose of section 23, to "preserve and promote the two official languages of Canada, and their respective cultures."