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Chapter Six Official Languages. Ch 6 Official Languages Second Language Learning Second Language Instruction Constitutional Language Rights –Canada and.

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Presentation on theme: "Chapter Six Official Languages. Ch 6 Official Languages Second Language Learning Second Language Instruction Constitutional Language Rights –Canada and."— Presentation transcript:

1 Chapter Six Official Languages

2 Ch 6 Official Languages Second Language Learning Second Language Instruction Constitutional Language Rights –Canada and QuebecCanada and Quebec –ManitobaManitoba –Canada and New BrunswickCanada and New Brunswick –All ProvincesAll Provinces Minority Language Educational Rights –Intergenerational RightsIntergenerational Rights –Continuity RightsContinuity Rights –LimitationsLimitations –InterpretationInterpretation Minority Language Education Conclusions Questions for Thought and Discussion Bibliographical Notes Bibliography

3 Throughout Canadian history most francophones have been Roman Catholics and most anglophones Protestants gives us the relationship that characterizes the development of schools in Canada. Especially in Manitoba, Ontario, and Quebec many separate school issues have had linguistic overtones. … organized religion has lost power in the last several decades, while during these same decades language has become a powerful and divisive issue in Canadian society.

4 Conclusions Constitutional language rights in Canada arise from the Constitution Act, 1867, the Manitoba Act, 1870, and the Constitution Act, 1982. In 1867 a weak form of bilingualism was imposed on the governments of Quebec and Canada by what was then the British North America Act, 1867.

5 Conclusions The Manitoba Act, 1870 did the same for Manitoba. The Constitution Act, 1982 imposed a strong form of bilingualism on the governments of New Brunswick and Canada.

6 Conclusions Language educational rights arise from the Constitution Act, 1982. That act guarantees to certain groups of Canadian citizens the right to have their children educated in Canada in one or the other of the official languages. The groups are determined by the mother tongue and the language of elementary education of the citizen. These rights are subject to a sufficient-numbers criterion, but where the numbers are sufficient there is also the right to have minority language education provided out of public funds.

7 Canada and Quebec The only language provision appearing in the Constitution Act, 1867 imposes a weak form of bilingualism on Canada and Quebec. (Section 133) 133.... The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages.

8 Canada and Quebec In 1977 the National Assembly passed the Charter of the French Language which made French the sole official language of Quebec and attempted to amend parts of section 133 by making French the language of the legislature and courts of Quebec. The Supreme Court of Canada passed judgment on the constitutionality of this in two cases decided and reported together in 1980, “Attorney-General of Quebec v. Blaikie et al.” and “Attorney-General of Quebec v. Laurier et al.”. A further decision under the same names was reported in 1981. Together they considerably clarified the meaning of section 133.

9 Canada and Quebec In the first Blaikie case, the court determined that all statutes and regulations of the Quebec legislature had to be enacted and published in both languages. An unofficial or later English version was not sufficient. All courts in Quebec, both federal and provincial, were to be bilingual as required in section 133. To avoid the potential chaos resulting from the invalidity of the many statutes passed in only one language, the National Assembly convened on the evening the decision was released and passed all French- only statutes again in both languages during one all-night sitting.

10 Canada and Quebec The second Blaikie case was a rehearing requested by Quebec to determine where the requirements for bilingualism end. In a detailed decision, the court stopped short of requiring bilingualism at the local level. School boards and municipalities existed long before 1867, and if the Fathers of Confederation had wanted them to be subject to section 133 they would have said so explicitly. Subsequent related cases from Quebec have followed the Blaikie decisions. In the 1986 case of “Attorney-General of Quebec v. Collier et al.”, the Quebec Court of Appeal held that sessional papers of the National Assembly that give details of legislation must be published in both languages. In another 1986 case (“Waskaganish Band v. Blackned”), an Indian band council regulation coming under the Cree-Naskapi (of Quebec) Act and passed only in English was held to be valid. Band councils, like municipal councils and school boards, are not subject to section 133.

11 Canada and Quebec

12 Manitoba The Supreme Court issued its decision in 1985 (“Reference re Language Rights under the Manitoba Act, 1870”). The Official Language Act was declared to be beyond the powers of the Manitoba legislature and therefore invalid, but all subsequent legislation and regulations passed in English only were declared temporarily valid to prevent a legal vacuum. The 1985 decision required that all subsequent legislation be enacted and published in both languages but left the period of temporary validity subject to a later decision following submissions from Manitoba and Canada. In a brief 1986 decision under the same name, the court established timelines for the government of Manitoba to complete the required translations. The latest of the deadlines had expired by 1991.

13 Canada and New Brunswick... in the Constitution Act, 1982 much stronger provisions were introduced that apply primarily to the governments of Canada and New Brunswick. These are contained in sections 16 to 22 of the “Canadian Charter of Rights and Freedoms”, and are entitled “Official Languages of Canada”. Sections 16(1) and 20 quoted below give an idea of their force. 16.(1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada. · · ·

14 Canada and New Brunswick 20.(1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where (a) there is a significant demand for communications with and services from that office in such language; or (b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French. (2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French. These sections generally make the same requirements for New Brunswick as for Canada.

15 Canada and New Brunswick Section 16 makes both languages official languages of Canada (subsection 1) and New Brunswick (subsection 2) and dictates general equality between them. Sections 17 and 18 require that the institutions of the governments of Canada and New Brunswick, including legislative bodies and courts, function in both official languages. Section 20 guarantees the availability of federal government services in either language where there is a significant demand and New Brunswick government services throughout the province regardless of demand.

16 Canada and New Brunswick In 1993 a new section (16.1) was added as a consequence of the favourable vote in New Brunswick on the Charlottetown accord. It guarantees the two linguistic communities in New Brunswick distinct educational and cultural institutions. This amendment is significant in that it establishes a separate but equal status for linguistic groups in contrast to most non- discrimination statutes which favour integration as a means of obtaining equality.

17 All Provinces Several provisions in the “Official Languages of Canada” guarantee rights that are generally applicable. 16.(3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French. · · · 21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada. 22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French. Section 16(3), a sort of affirmative action provision, allows any government to pass legislation favouring a language disadvantaged in some way. Section 21 prevents the Charter language provisions from weakening earlier constitutional language rights and mainly affects Quebec and Manitoba. Section 22 attempts to provide some protection for unofficial languages—those other than English and French.

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