93-8E
THE OFFICIAL LANGUAGES IN
CANADA:
FEDERAL POLICY
Prepared by:
Françoise Coulombe
Political and Social Affairs Division
Revised 14 October 1998
TABLE
OF CONTENTS
ISSUE
DEFINITION
BACKGROUND
AND ANALYSIS
A. The Charter and Its Effects on Language Matters
1. Language Rights Protected
under the Constitution
2. Interpretation and Implementation of Language
Rights Protected under the Constitution
B. Implementation of the Official Languages
Policy in Federal Institutions
1. The Official
Languages Act, 1988
2. The Official Languages (Communications with
and Services to the Public) Regulations
C. Department of Canadian Heritage Official Languages
Support Programs
1.
Intergovernmental Cooperation
a. The Official
Languages in Education Program
b. Special Measures concerning School Governance
and Post-Secondary Education
c.
Agreements on Delivery by the Provinces and Territories of Services
in
the Language of the Minority
2. Support to Official Language
Minority Communities
a. Direct Support to Organizations
and Institutions
b.
National Strategy for the Implementation of Sections 41 and 42
of
the Official Languages Act
3. Promotion and Dialogue
D. Outlook for the Future
1. Concerns Raised by Cutbacks
in Grants and Contributions
2.
The Devolution of Federal Responsibilities and Language Rights
3.
A Critical Look at Recent Developments in the Official Languages
Situation
4.
Task Force on the Impact of Government Changes on Official Languages
PARLIAMENTARY
ACTION
CHRONOLOGY
SELECTED
REFERENCES
EXCERPTS
FROM THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
THE OFFICIAL LANGUAGES
IN CANADA:
FEDERAL POLICY*
ISSUE
DEFINITION
Since the time of the Royal
Commission of Inquiry on Bilingualism and Biculturalism, federal official
languages policy has been linked to the preservation of Canadian unity.
The enshrinement of language rights in the Constitution in 1982 opened
a new chapter in the evolution of these rights in Canada. Since that time,
language issues have continued to attract public interest and have even
led to tension. On the one hand, demands for implementation and full enforcement
of the language rights protected under the Constitution have given rise
to conflicts between official language minorities and their respective
provincial governments; from time to time, these conflicts have resulted
in court challenges, some of which have reached the Supreme Court. On
the other hand, a significant majority of Canadians continue to base their
attitudes toward Canadas linguistic duality on false perceptions
of federal official languages policy. This means that opposition to so-called
official bilingualism has crystallized into a perception that bilingualism
is imposed on all Canadians; however, since the obligations under the
Official Languages Act apply first and foremost to federal institutions,
the federal approach to official languages is based on the principle of
institutional bilingualism.
In this Current Issue Review,
we shall examine the three basic components of federal official languages
policy: language rights protected under the Constitution, the Official
Languages Act, 1988, and the official languages support programs
delivered by the Department of Canadian Heritage.
BACKGROUND AND ANALYSIS
A. The Charter and Its
Effects on Language Matters
1. Language Rights Protected
under the Constitution
With the passage of the
Constitution Act, 1982, the concept of official languages was enshrined
in the Constitution. Section 16 of the Canadian Charter of Rights and
Freedoms (the Charter) establishes English and French as the official
languages of Canada, with equal status and equal rights and privileges
with respect to their use in the institutions of the Parliament and the
Government of Canada. Sections 17, 18 and 19 set out the principle of
equality of the two official languages in the proceedings of Parliament,
parliamentary papers, and courts established by Parliament. Section 20
deals with the use of English or French in communications between members
of the public and federal institutions. Section 23 deals with minority
language education rights. In addition, section 24 provides that anyone
whose Charter- protected rights or freedoms have been infringed or denied
may apply to a court of competent jurisdiction to obtain remedy. (The
text of sections 16 through 23 of the Charter is included at the end of
this paper.)
At the express request of
New Brunswick, sections 16 through 20 of the Charter apply to that province;
there is, however, an important exception for section 20, the right to
receive communications or services from any office of an institution of
the Legislature or Government of New Brunswick in English or French is
not subject to any limitation based on sufficient demand or the nature
of the office. As well, a constitutional amendment was passed by the Legislative
Assembly of New Brunswick in December 1992 and by Parliament in February
1993. This amendment to the Charter is an extension of New Brunswicks
Act Recognizing the Equality of the Two Official Linguistic Communities,
passed in 1981 by the Legislative Assembly of that province. It proclaims
that New Brunswicks English-speaking and French-speaking linguistic
communities have equal status, rights and privileges, in particular the
right to the separate educational and cultural institutions necessary
to preserve and promote them. The amendment also confirms the role of
the Legislature and Government of New Brunswick in preserving and promoting
this status and these rights and privileges.
As might be expected, the
years following the coming into force of the Charter were characterized
by numerous court challenges aimed at enforcing the spirit and the letter
of the supreme law of Canada with respect to language rights.
2. Interpretation
and Implementation of Language Rights Protected under the Constitution
The Court Challenges Program
was essential to the development of jurisprudence on language rights protected
under the Constitution. This program, introduced in 1978, provided financial
assistance to official language minorities wishing to have their constitutional
rights clarified and asserted through the courts (section 133 of the Constitution
Act, 1867 and the Manitoba Act, 1870); since 1982, it has also
covered the language rights set out in sections 16 through 23 of the Charter.
Lastly, since 1985, it has also applied to individuals and groups challenging
federal legislation, policies and practices in test cases invoking section
15 of the Charter, concerning equality rights; section 27, on Canadians
multicultural heritage; and section 28, on equality of the sexes. The
program, funded by the federal government, subsidized test cases of national
importance. For example, it helped ensure that French-speaking Manitobans
language rights, which had been denied since the Official Language
Act of 1890, were recognized by the courts and the Legislative Assembly
of Manitoba, and it furthered the battle to enforce the minority language
education rights enshrined in section 23 of the Charter.
The announcement that the
Court Challenges Program would be eliminated as part of the budget of
27 February 1992 was greeted with dismay by the minority official
language communities and language rights advocates. The government argued
that since the program had established a solid body of jurisprudence it
no longer had any reason to exist and that, in a period of fiscal restraint,
there were less costly ways to manage funding for court challenges; for
example, a department could assume this responsibility on a case-by-case
basis.
Reviving the Court Challenges
Program was a plank in the election platforms of the Progressive Conservative
Party and the Liberal Party of Canada. On 24 October 1994, the Honourable
Michel Dupuy, Minister of Canadian Heritage, signed a contribution agreement
for the administration of the Court Challenges Program of Canada. Funded
by the Department of Canadian Heritage, the Court Challenges Program is
administered by a Corporation, a non-profit, autonomous agency.
B. Implementation
of the Official Languages Policy in Federal Institutions
1. The Official
Languages Act, 1988
The Official Languages
Act of 1969 followed up on the recommendations of the Royal Commission
of Inquiry on Bilingualism and Biculturalism for broadening the scope
and application of section 133 of the Constitution Act, 1867. The
purpose was to give English and French equal status, not only in Parliament
and before the courts of Canada, as section 133 provided, but throughout
the federal administration as well.
The Official Languages
Act had not been amended since its passage in 1969, despite several
requests by the Standing Joint Committee on Official Languages and the
Commissioner of Official Languages. The coming into force of the Charter
in 1982 made reform more urgent. The government had to adapt federal legislation
to the Charter, and it had to define the terms and conditions of implementing
the Charter. It also wished to provide a broader legislative basis for
its language policies and programs. In light of the scope of the amendments
being considered, the government opted to repeal the existing statute
and replace it with Bill C-72, also entitled the Official Languages Act
(the Act).
Parliament remedied one
weakness of the former statute--its declaratory nature--by making the
Act enforceable. The Act introduces court remedy in the Federal Court;
under certain conditions, this remedy may be applied for by the plaintiff
alone or jointly with the Commissioner of Official Languages, who is also
authorized to apply to the courts for a remedy.
A general provision also
corrects another shortcoming of the former statute, its lack of primacy
over other federal statutes. This general provision states that the provisions
of Parts I to V of the Act, which deal with the proceedings of Parliament,
legislative and other instruments, the administration of justice, communications
with and services to the public, and language of work, have primacy over
all other federal legislation or regulations except the Canadian Human
Rights Act, since the principles underlying these Parts flow directly
from the Constitution.
The Act requires the Secretary
of State (now the Minister of Canadian Heritage) and the President of
the Treasury Board to report annually to Parliament on their respective
responsibilities concerning official languages. It also requires Parliament
to strike a Parliamentary Committee specifically responsible for following
up on the implementation of the Act and its accompanying Regulations and
instructions and on the implementation of reports by the Commissioner,
the President of the Treasury Board and the Department of Canadian Heritage.
In the Act, Parliament specifically
provided for eight cases in which implementation may give rise to regulations,
particularly concerning health and safety, communications and services,
language of work, and equitable participation. The government began to
draw up regulations on communication with and services to the public fairly
soon after the Act was passed, but took a very long time to complete them.
2. The Official Languages
(Communications with and Services to the Public) Regulations
The Act defines the responsibilities
of federal institutions concerning communication with and services to
the public. The government adopted the Official Languages (Communications
with and Services to the Public) Regulations on 16 December 1991;
this event marked the conclusion of a parliamentary process begun on 8 November
1990 with the tabling of proposed draft regulations in the House of Commons.
The Regulations clarify the language obligations of federal organizations
and specify the circumstances in which Canadians may expect to be served
in the official language of their choice.
The Regulations guarantee
service to the majority in its own language. Official language majority
and official language minority are defined in relation to the total population
of a province or territory. The Regulations complete key provisions of
the Act concerning federal offices where there is "significant demand"
for service in both official languages, those where the "nature of
the office" makes service in both official languages reasonable,
and contracted services for travellers.
The Regulations on "significant
demand" include provisions based on census data on the size of the
minorities (either absolute size, or number and proportion, whichever
is appropriate) and, where local demographic data are not relevant, provisions
based on the volume of demand in the minority language. The Regulations
on the "nature of the office" apply to specific federal services,
regardless of level of demand, and include provisions on health and safety
signage, national parks, embassies, the main federal offices located in
the Northwest Territories and the Yukon, and popular national or international
exhibitions.
The Regulations on contracted
services at facilities for travellers apply to federal airports, railway
stations and ferry terminals where demand is significant. Services covered
include restaurant, car rental, foreign exchange and air carrier services
provided at these facilities. The Regulations also specify the terms and
conditions of providing these services.
Most provisions in the Regulations
came into effect on 16 December 1992, with the most recent coming
into effect on 16 December 1994. The Regulations apply to
all institutions covered by the Official Languages Act, including
departments, Crown corporations, and Air Canada (under the Air Canada
Public Participation Act). They do not apply to federal offices located
in the National Capital Region or to federal head offices, both of which
are already required to serve the public in both official languages by
a provision of the Act.
On 16 February 1995, the
Commissioner of Official Languages released a survey of service to the
public at federal offices designated to respond to Canadian citizens in
both English and French. Results of the study varied significantly from
one province or territory to another, but overall the auditors obtained
service in the target language 79% of the time. Quebec had the highest
rate (98.8%) of federal offices showing the potential to serve the public
in the minority language. Outside Quebec, service in French was obtained
only 72% of the time. Service in French was most difficult to find in
Saskatchewan (available 50% of the time). The Commissioner made 10 recommendations
aimed at rectifying the shortcomings identified by the auditors.
In his 1995-1996 Annual
Report, the President of the Treasury Board stated that the situation
had improved considerably, primarily because of the corrective plans developed
by federal institutions in every designated office where performance was
determined to be inadequate. In the fall of 1996, the Commissioner
of Official Languages began a follow-up on this study. As of 31 December
1997, five reports had been produced, examining a total of 144 offices
designated bilingual, located in Newfoundland, Prince Edward Island, Manitoba,
Saskatchewan and Yukon. In his 1997 Annual Report, the Commissioner stated
that many of the problems identified in 1994 persisted and that in 21
offices the situation had even deteriorated.
C. Department of Canadian
Heritage Official Languages Support Programs
Section 41 of the Official
Languages Act sets out the federal governments commitment to
"enhancing the vitality of the English and French linguistic minority
communities in Canada and supporting and assisting their development and
fostering the full recognition and use of both English and French in Canadian
society." Under section 42 of the Act, the Minister of Canadian Heritage
is responsible for encouraging and promoting a coordinated approach to
the fulfilment of this commitment by federal institutions. Currently,
the Department of Canadian Heritage is carrying out its responsibilities
through programs and activities in three broad areas: intergovernmental
cooperation, support to linguistic communities, and promotion and dialogue.
1. Intergovernmental
Cooperation
a. The Official
Languages in Education Program
Since 1970, the federal
government has co-operated with the provinces to allow members of the
official language minority communities to study in their own language
and enable young Canadians to learn French or English as a second language.
The Official Languages in Education Program is widely regarded as a model
of effective and harmonious federal-provincial cooperation in an area
of provincial jurisdiction. Under bilateral agreements, the federal government
reimburses the provincial and territorial governments for part of the
additional expenditures they incur to provide education in the minority
official language (programs and services, program development, teaching
materials, teacher training, and student assistance) and to allow students
speaking the majority official language (Francophones in Quebec and Anglophones
in the rest of the country) to learn their second official language.
In March 1998, Cabinet approved
the renewal of the Official Languages in Education Program for a five-year
period (from 1998-99 through 2002-03). Negotiations were conducted with
the provinces for the signing of a five-year protocol with the Council
of Ministers of Education (Canada). Ratification of the protocol will
be followed by the signing of bilateral agreements with the provinces
and territories.
b. Special Measures concerning
School Governance and Post-Secondary Education
Section 23 of the Charter
has been the basis of many court challenges in several provinces where
parents and the provincial authorities have not agreed on how section 23
affects the right of the official language minority community to control
and manage its primary and secondary educational institutions in its own
language. In 1990, the Supreme Court made a historic decision recognizing
the remedial nature of section 23, thus rejecting a restrictive interpretation
(Mahé et al. v. Alberta, [1990] 1 SCR 342). After recalling
that section 23 confers, first and foremost, a general right to minority
language education, the Supreme Court specified that, in its opinion,
this right nonetheless encompasses a "sliding scale" of requirements:
where numbers warrant, the upper level of this scale of requirements provides
the right to have children educated in publicly funded minority language
educational institutions managed by the minority community; the term "instruction"
in section 23 indicates the lower level of the scale of constitutionally
mandated institutional requirements. Three years later, the Supreme Court
decision concerning parents committees in Manitoba clarified and
reinforced the principles set out in Mahé (Fédération provinciale
des comités de parents inc. v. Manitoba (Attorney General),
Supreme Court of Canada decision, 4 March 1993). The Supreme Court
recognizes the provinces freedom to choose the form of school governance
to be offered to the official language minority communities.
The fact that, more than
ten years after the coming into force of the Charter and despite two Supreme
Court decisions, several provinces were still not fulfilling their constitutional
obligations concerning school governance led the federal government to
take the initiative. On 20 May 1993, the Secretary of State announced
Cabinet approval of $112 million in assistance over six years (from 1993-94
to 1998-99) for special measures concerning school governance and post-secondary
education in French. The purpose of these special measures, carried out
in cooperation with the provinces, is to guarantee the implementation
of section 23 of the Charter in each of the four western provinces and
Nova Scotia and Newfoundland, so that Francophones will have the governance
of their educational institutions, and to support the development of postsecondary
education in French in Alberta five-year, Ontario, New Brunswick and Nova
Scotia.
In March 1998, the Cabinet
approved a five-year, $75-million grant to help Ontario implement school
governance by the Francophone minority. The Department of Canadian Heritage
is continuing negotiations with Ontario for the conclusion of an agreement
in this regard.
c.
Agreements on Delivery by the Provinces and Territories of Services
in
the Language of the Minority
The federal government funds
provincial and territorial governments interested in creating new services
or improving existing services in the minority language, and promoting
greater understanding between the countrys two linguistic communities.
Since 1988, nine provinces and two territories have signed multi-year
agreements with the federal government with respect to health and social
services, legal services and municipal affairs.
2. Support to Official Language Minority
Communities
a. Direct Support to Organizations
and Institutions
The exercise launched by
the Department of Canadian Heritage in 1994 to reposition direct support
to official language minority communities made it possible to put in place
new mechanisms for cooperation and funding in a context of declining resources.
The approach adopted, Canada-community agreements, encourages individual
communities to take greater control.
A Canada-community agreement
is an agreement reached between the Department of Canadian Heritage and
the organization or organizations representing a provincial or territorial
official language minority community. Such an agreement sets multi-year
funding for the entire community and outlines the Departments commitments
related to community development, federal-provincial cooperation and interdepartmental
coordination. It also establishes the mechanisms through which community
organizations together set their own priorities and suggest how available
funds should be allocated. Finally, it creates a forum in which the community
and the Department can review priorities and discuss the distribution
of available funds.
The Franco-Ontarian community
was the last one to sign a Canada-community agreement, on 18 December,
1996. Agreements have also been signed with national umbrella organizations
for minority official-language communities. It is anticipated that
the Canada-community agreements will be renewed when they expire in April
1999.
b. National Strategy for the Implementation of Sections
41 and 42
of the Official
Languages Act
On 16 August 1994,
the Minister of Canadian Heritage announced that the Cabinet had approved
the establishment of an accountability framework for the implementation
of sections 41 and 42 of the 1988 version of the Act. This government
initiative followed appeals by the Commissioner of Official Languages
and organizations representing official language minority communities
for more vigorous leadership by the Department in fostering interdepartmental
cooperation.
The measures announced target
key institutions in areas of intervention that are vital to official language
minority communities and that have the greatest impact on their development,
notably institutions involved in the areas of economic, human resource
and cultural development. Each of the 27 designated institutions is required
to develop an action plan for the implementation of section 41, taking
into account the specific needs of official language minority communities.
Ministers responsible for key institutions must submit these plans to
the Minister of Canadian Heritage and report once a year to him on the
results attained. Finally, the Minister of Canadian Heritages annual
report on official languages must highlight the action plan of each key
federal institution and the results attained during the previous year.
The 1995-96 action plans
were submitted to the Minister of Canadian Heritage in the summer of 1995.
On 28 May 1996, the Official Languages Commissioner appeared before the
Standing Joint Committee on Official Languages and presented the results
of his evaluation of the action plans, carried out at the request of members
of this Committee. He also made public two documents entitled respectively
Analysis Framework for the Evaluation of Plans Implementing Part VII
of the Official Languages Act, 1988 and Evaluation Report of the First
Generation of Action Plans for the Implementation of Part VII of the Official
Languages Act of 1988.
The evidence heard by the
Committee showed that, in general, institutional planning is inadequate
and that the institutions do not seem to understand fully the aim and
scope of the two commitments set out in section 41 of the Official
Languages Act. It also pointed to the fact that a number of plans
contained no mention of the need for accountability.
In its 19 June 1996 report
to Parliament, the Committee stated its view that "the mediocre results
of the first attempt to formulate action plans for implementation of sections
41 and 42 of the Official Languages Act can to a great extent be
attributed to the fact that the Minister of Canadian Heritage [....] has
not been invested with the authority to compel the designated institutions
to respect Parliaments intentions." The Committee made two
recommendations calling for corrective action to be taken as rapidly as
possible.
On 18 November 1996, the
Minister of Canadian Heritage published the governments response
to the Second Report of the Standing Joint Committee on Official Languages.
Acknowledging the need for greater accountability, the government announced
that the Treasury Board Secretariat would from now on be encouraging federal
departments and agencies to include activities relating to the implementation
of section 41 of the Official Languages Act in their strategic
planning and evaluation processes. On 20 March 1997, the Minister of Canadian
Heritage and the President of the Treasury Board signed a memorandum of
agreement making this new partnership official.
In his 1997 Annual Report,
the Commissioner of Official Languages hailed a general improvement in
the second generation of action plans over the originals. However, he
also deplored the absence or weakness of management and performance auditing
systems, accountability frameworks and reporting mechanisms.
3. Promotion and Dialogue
The Department of Canadian
Heritage funds a range of activities for promoting linguistic duality
and greater understanding between the speakers of English and French.
These activities are divided into the following components: summer language
bursaries, official-language monitors, language acquisition development,
administration of justice in the two official languages, support for linguistic
duality and cooperation with the voluntary sector.
D. Outlook for the Future
1. Concerns Raised by Cutbacks in
Grants and Contributions
The economic and fiscal
statement of 2 December 1992 marked the first in a series of federal government
cutbacks in grants and contributions. For example, under the memorandum
of agreement on official languages in education, the federal government
will have spent some $200 million less for the period 1993-1994 to 1997-1998,
than for the previous five-year period.
While recognizing that official-language
minority communities must do their part to reduce the deficit, the Commissioner
of Official Languages raised a number of concerns about the possible impact
of the cuts on the vitality of these communities. He pointed out to the
federal authorities that official-language minority communities are essential
constituents of Canadas social fabric and, as such, deserve to have
their special characteristics taken into account.
2. The Devolution of
Federal Responsibilities and Language Rights
Devolution raises many concerns
in the official-language minority communities, who fear the curtailment
or eventual disappearance of language rights currently guaranteed by the
Official Languages Act.
In 1996 the Commissioner
of Official Languages asked the government to enable the Treasury Board
Secretariat to develop guidelines for the types of linguistic clauses
that should be included in any devolution agreement and on the appropriate
control mechanisms. The government has opted instead for a case-by-case
approach.
3.
A Critical Look at Recent Developments in the Official Languages Situation
When the Commission of
Official Languages released his 1997 Annual Report, he also released a
special study entitled Government Transformations: The Impact on Canadas
Official Languages Program. In it, he concluded that "[t]he transformation
of the federal government has resulted in a subtle but cumulative erosion
of language rights and, within the federal administration, has weakened
the official languages program." To reverse this, the Commissioner
recommended "the establishment of a task force on official languages
with a mandate to develop the necessary strategies, policies and criteria
to ensure full recognition and implementation of the Act in the evolving
federal administration."
4.
Task Force on the Impact of Government Changes on Official Languages
In response to the above-cited
recommendation, the President of the Treasury Board announced, on 1 April
1998, that an official languages task force was being created, made up
of representatives of academia and the private sector. The Minister noted
that the task forces mandate would be "to analyse the effect
of the changes in the Public Service in recent years on official languages
and to submit proposals for appropriate improvements by the fall"
[of 1998].
PARLIAMENTARY ACTION
The principal measures adopted
over the years by Parliament with respect to official languages are set
out below in the chronology.
CHRONOLOGY
July 1969 - The Official
Languages Act received Royal Assent.
June 1973 - Parliament passed
a special Resolution on Official Languages, reiterating the principles
of the 1969 statute and confirming the right of public servants to work
in the official language of their choice.
June 1978 - Bill C-72
received Royal Assent. It amended the Criminal Code to give accused
persons the right to be heard by a judge or by a judge and a jury who
speak their official language, whether this is English or French.
May 1980 - Parliament created
a Special Joint Committee on Official Languages, responsible for evaluating
progress made in the 10 years since the passage of the Official Languages
Act.
December 1981 - Parliament
passed a Proposed Resolution for a Joint Address to Her Majesty Concerning
the Constitution of Canada, including a Charter of Rights that
incorporated the language rights provided for in the Official Languages
Act and other new rights related to minority language education.
October 1983 - Parliament
unanimously passed a resolution on the language rights of Francophone
residents of Manitoba; another resolution on the same subject was passed
on 24 February 1984.
May 1984 - Parliament struck
the Standing Joint Committee on Official Languages Policy and Programs;
in February 1986, this Committee became the Standing Joint Committee on
Official Languages.
July 1988 - The New Official
Languages Act received Royal Assent.
December 1989 - The Standing
Committee of the House of Commons on Human Rights and the Status of Disabled
Persons tabled a Report unanimously recommending renewal of the Court
Challenges Program until 31 March 2000.
May 1990 - In its response
to this Committee Report, the Minister of State (Multiculturalism and
Citizenship) agreed on behalf of the government to renew the Program until
1995.
June 1990 - The Standing
Joint Committee on Official Languages tabled a unanimous Report urging
the government to table the proposed draft regulations in Parliament as
soon as possible.
October 1990 - The Commissioner
of Official Languages tabled a special report in Parliament urging the
government to table the proposed draft regulations on communications with
and services to the public immediately and then, with due diligence, to
table all the regulations required under the Act.
November 1990 - The proposed
draft regulations on the delivery of federal services to the public in
both official languages were tabled in Parliament.
May 1991 - The Standing
Joint Committee tabled its Report, including dissenting opinions, on the
proposed draft regulations on the delivery of federal services to the
public in both official languages.
- The House of Commons struck
the Standing Committee on Official Languages, which replaced the Standing
Joint Committee on Official Languages.
February 1992 - In its budget,
the federal government announced the elimination of the Court Challenges
Program.
June 1992 - The Standing
Committee of the House of Commons on Human Rights and the Status of Disabled
Persons tabled a Report entitled Paying Too Dearly, in which it
unanimously recommended that the Court Challenges Program be maintained
and restructured in the form of a Foundation. In December 1992, the Minister
of Multiculturalism and Citizenship indicated that the government was
not able to re-establish this Program.
February 1993 - Parliament
passed a constitutional amendment, previously passed by the Legislative
Assembly of New Brunswick in December 1992; it proclaimed in the Charter
the equality of that provinces English-speaking and French-speaking
communities.
25 January 1994 - The House
of Commons amended Standing Order 104 and established a Standing Joint
Committee on Official Languages
19 June 1996 - The Standing
Joint Committee on Official Languages tabled a report entitled Implementation
of Part VII of the Official Languages Act, which made two recommendations
for rectifying the shortcomings noted in the implementation of the strategy
announced in August 1994.
18 November 1996 - The Minister
of Canadian Heritage published the governments response to the Second
Report of the Standing Joint Committee on Official Languages, announcing
that the Treasury Board Secretariat would from now on be involved in making
federal departments and agencies more accountable in implementing Part
VII of the Official Languages Act.
24 April 1997 - The Standing
Joint Committee on Official Languages tabled in Parliament its Third Report
(The Application of the Official Languages Act in the National Capital
Region), accompanied by dissenting opinions from the Bloc Québécois
and the Reform Party.
SELECTED REFERENCES
Canada, Department of Multiculturalism
and Citizenship. The Charter of Rights and Freedoms: A Guide for Canadians.
Ottawa, 1992.
Canada, Department of Canadian
Heritage. Annual Report 1995-96: Official Languages. Ottawa, 1997.
Canada, Office of the Commissioner
of Official Languages. Our Two Official Languages Over Time. Ottawa
(Publication covering the period from 1867 to 1994.)
Canada, Commissioner of
Official Languages. Annual Report 1997. Ottawa, 1998.
Canada Commissioner of
Official Languages. Government Transformations: the Impact on Canadas
Official Languages Program. Ottawa, 1998.
Canada, Office of the Commissioner
of Official Languages. Service to the Public - A Study of Federal Offices
Designated to Respond to the Public in Both English and French. Ottawa,
February 1995.
Canada, Office of the Commissioner
of Official Languages, Evaluation Report of the First Generation of
Action Plans for the Implementation of Part VII of the Official Languages
Act of 1988. Ottawa, May 1996.
Canada, President of the
Treasury Board. Official Languages in Federal Institutions: Annual
Report 1996-97. Ottawa, 1997.
Canada, Treasury Board.
Treasury Board Manual, Official Languages. Ottawa, 1 June
1993.
Ducharme, Jean-Charles.
Official Languages Act, 1988. Background Paper BP-184E. Parliamentary
Research Branch, Library of Parliament. Ottawa, October 1988.
Ducharme, Jean-Charles.
Status Report: Minority Language Educational Rights. Department
of Canadian Heritage, Ottawa, 1996.
EXCERPTS FROM THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
OFFICIAL LANGUAGES
OF CANADA
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.
(2) English and
French are the official languages of New Brunswick and have equality of
status and equal rights and privileges as to their use in all institutions
of the legislature and government of New Brunswick.
(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.
17
(1) Everyone has
the right to use English or French in any debates and other proceedings
of Parliament.
(2) Everyone has
the right to use English or French in any debates and other proceedings
of the legislature of New Brunswick.
18
(1) The statutes,
records and journals of Parliament shall be printed and published in English
and French and both language versions are equally authoritative.
(2) The statutes,
records and journals of the legislature of New Brunswick shall be printed
and published in English and French and both language versions are equally
authoritative.
19
(1) Either English
or French may be used by any person in, or any pleading in or process
issuing from, any court established by Parliament.
(2) Either English
or French may be used by any person in, or any pleading in or process
issuing from, any court of 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.
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.
23
(1) Citizens of
Canada
(a) whose first
language learned and still understood is that of the English or French
linguistic minority population of the province in which they reside,
or
(b) who have
received their primary school instruction in Canada in English or French
and reside in a province where the language in which they received that
instruction is the language of the English or French linguistic minority
population of the province,
have the right
to have their children receive primary and secondary school instruction
in that language in that province.
(2) Citizens of
Canada of whom any child has received or is receiving primary or secondary
school instruction in English or French in Canada, have the right to have
all their children receive primary and secondary school instruction in
the same language.
(3) The right of
citizens of Canada under subsections (1) and (2) to have their children
receive primary and secondary school instruction in the language of the
English or French linguistic minority population of a province
(a) applies wherever
in the province the number of children of citizens who have such a right
is sufficient to warrant the provision to them out of public funds of
minority language instruction; and
(b) includes,
where the number of those children so warrants, the right to have them
receive that instruction in minority language educational facilities
provided out of public funds.
*
The original version of this Current Issue Review was published in
November 1993; the paper has been regularly updated since that time.
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