Centre for Public Legal Education Alberta Minority Official Language Rights Introduction to Minority Official Language Rights

Centre for Public Legal Education Alberta

Minority Official Language Rights

Introduction to Minority Official Language Rights

Centre for Public Legal Education Alberta 2

Presentation Outline

The Framework

The Greater Context

The Legal Structure

Constitutional Legislation

Federal Laws

Provincial Laws

Municipal Laws


Introductory Comments

Why is Canada a bilingual country?

How is Canada’s bilingualism expressed?

What are the official language rights and when are they protected?

When is a language issue not a right?


The Framework

Canadian law recognizes that

both English & French communities played an important role in the founding of Canada;

language is a fundamental aspect of individual identity & expression of culture;

bilingual character is a fundamental aspect of Canadian national identity;


The Framework (cont’d)

Definition of bilingualism

Our bilingualism

• Is seen in the language-related rules and programs that are in place.

• Stems from constitutional and governmental commitments to equality of both languages in the public sphere.



Constitutionally-Protected Language Rights

ensure flourishing of the two official language communities;

protect rights of our two official languages (English and French) speaking communities when they are in a position of minority.



Official Language Rights are a “collective right”:

• different from the “individual rights”;

• applies to people acting together ;

• protects the group, its culture ;

• justified by the interests of a minority group;

• accessible only by belonging to a group.


The Greater Context

To understand exact nature of constitutional language rights, it is important to look at:

• what is a constitutional right;

• what is the structure of constitutional language rights; and

• how do they fit with other Canadian laws and rights?


Federal Powers(s. 91)

• postal service• criminal law• military• banking, money• marriage/divorce• some taxes• railway• etc...

Provincial Powers(s. 92)

• ceremony of marriage• property and civil rights in

the province• hospitals• education• municipal institutions• some prisons• etc…

Constitution Act, 1867

Sections 91 and 92


Legal Structure: Overview

Power over language is • not listed in the Constitution;

• tied to each particular non-language subject matter;

• divided between federal and provincial /territorial government.

Some official language rights are constitutionally-protected, some are not.


Legal Structure: Result

a set of federal language laws, AND

a set of language laws (or no language law) for each province and territory.

Many of these laws continue to be examined, debated and challenged in Canadian courts.


Constitutional documents- Charter

- Manitoba Act- Constitution Act

Federal, provincial &

municipal policies

Federal, provincial & municipal

language lawsOfficial Languages Act,

French Language Services Act


Legal Structure: SummaryConstitutional Legislation• most permanent; enshrined; harder to change• applies to four categories across Canada: 3 in

federal domain, one in the provincial domain

Federal Legislation• topics listed in s.91 of CA 1867

Provincial Legislation• only to topics listed in s.92 of CA 1867; contain

some language rights; varies. s.93

Municipal Legislation• varies


Constitutional documents

- Charter- Manitoba Act- Constitution Act


Constitutional Legislation

Overarching legislation kinds of laws that are, in a way, “higher”

than other laws • like an umbrella

• dictate how other laws are going to be made

• the “big bosses” of laws: any laws “under” them have to abide

BUT, if the laws under them do NOT relate to a topic on the LIST, their power does not apply.


Constitutional Legislation (cont’d)

Most permanent commitment to bilingualism comes from rights in constitutional documents:• the Canadian Charter of Rights and

Freedoms,

• section 133 of CA 1867, and

• section 23 of the Manitoba Act, 1870.


Constitutional Legislation (cont’d)

guarantee, under certain conditions, minority language rights in:

• education (provincial)

• governmental communications and services (federal)

• legislation and publications (federal)

• judicial rights (federal)


Federal Laws

• Additional laws passed by federal government; related only to topics in s.91 of CA 1867.• related ONLY to federal law and federal

government.Example: the federal Official Languages Act

• One way the federal parliament puts constitutional language rights into action.


Provincial Laws

• Laws passed by provincial/territorial governments, related only to topics in s.92 of CA 1867.

• Lots of these laws: New Brunswick, Manitoba, Ontario.

• Less or almost none: British Columbia.

• BUT – even if they don’t have “laws”, doesn’t mean you cannot get French services.• Policies developed by a department or ministry;

In such instances, official minority language communication and services are a matter of policy, not of right.


Municipal Laws

Municipalities also vary: some have passed by-laws, some have not.

• Winnipeg and Ottawa.

Some smaller municipalities, especially if they were founded by speakers of the other official language, may be quite bilingual.

• Lac La Biche, AB

May be a matter of policy.


Legal Structure: Summary

Constitutional Legislation• most permanent; enshrined; harder to

change• applies to four categories across Canada: 3

in federal domain, one in the provincial domain

Federal Legislation• topics listed in s.91 of CA 1867

Provincial Legislation• topics listed in s.92 of CA 1867 ; contain

some language rights; vary; s.93

Municipal Legislation• vary


Questions?

Centre for Public Legal Education Alberta

Thank you!

For further informationor training, contact us:

[email protected]

mailto:[email protected]

Documents

Centre for Public Legal Education Alberta Minority Official Language Rights Introduction to Minority Official Language Rights