Official Languages Act (1988) / Jean-Charles Ducharme. : YM32-2/184-1988E-PDF

"Since its passage in 1969, the former Official Languages Act (R.S.C., chapter 0-2) had not been amended in any way, despite numerous requests for changes from the Standing Joint Committee on Official Languages and the Commissioner of Official Languages. The requests were prompted by a weakening of the Act's scope as a result of court decisions establishing its declaratory (rather than executory) nature and its lack of primacy over other federal enactments (Association des gens de l'air du Québec Inc. v. The Honourable Otto Lang [1977] 2 F.C. 22 and [1978] 2 F.C. 371). Furthermore, the 1982 Canadian Charter of Rights and Freedoms (hereinafter called the Charter), because of its constitutional nature and because of the opportunity it provided to citizens to seek redress, reduced the usefulness of the former Act even more. However, the linguistic rights guaranteed in the Charter (sections 16 to 22) do not apply to all aspects of bilingualism, such as language of work and equitable participation. With the need for reform being increasingly felt, the government wanted to adapt the legislation so as to be in keeping with the Charter, to define how the latter would be enforced and to include additional rights. Given the scope of the planned amendments, the government decided to repeal the former Act and replace it with Bill C-72, also entitled the Official Languages Act (hereinafter called the Act)"--Background, page [1].

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