7.1.5 Protecting Minority Language Rights


Map of Minority Language Use across Canada" by Lokal_Profil, CC-BY-SA 2.0

Officially, Canada is a bilingual nation, which means that Canadians are entitled to federal government services in English and French. However, each province has its own language laws. For example, the official language of Quebec is French, while New Brunswick and all three territories are officially bilingual. English remains the official language in all other provinces.

Minority Language Rights

In practice, English and French are both taught to a certain extent in most schools, and some provincial services are available "where numbers warrant". Although French speakers are in the minority in most of Canada, in areas where a high concentration of people have French as their mother tongue, French language services may be provided. These collective rights are guaranteed under Section 23 of the Canadian Charter of Rights and Freedoms. 

For example, Alberta, parents whose first language is French, have a constitutional right under the Charter of Rights and Freedoms, which is guaranteed further by the Alberta School Act, to have their children educated in French in communities where enough students to warrant it. They also have the right to run their own schools. There are five francophone school jurisdictions in Alberta.

Please watch the following video explain fundamental freedoms:

 

 

 "Fundamental Freedoms-Segment Five-Equality Rights, and Bill 101 (Quebec SIgn Law)", www.charterofrights.ca

 



Language Rights in Quebec

The Province of Quebec has taken another approach. Keenly aware of its unusual position as a founding culture and a minority in its own country, the Province of Quebec took measures to preserve its language. Bill 22 was passed in 1974, the first language law in the province. It was expanded with Bill 101 in 1974. Other language laws that followed were designed to make French not only the official language but also the common language of Quebec.

"to make French the language of Government and the Law, as well as the normal and everyday language of work, instruction, communication, commerce, and business"

Language Laws in Quebec include:

  • The right to government services in French.
  • The right to speak French in deliberative assemblies.
  • The right of workers to carry on their activities in French.
  • The right of consumers to be informed and served in French.
  • The right of all students to instruction in French.

These language laws have caused conflict. For example, all signs must be in French which has caused problems for business owners whose first language or commonly-used shop sign was English. More significantly, it has led to some concerns for parents. Under the legislation, the language of instruction for all students is French. Parents can choose to have their children taught in English only under the following conditions:

  • if one parent is a Canadian citizen who attended elementary school in English in Canada
  • if one parent is a Canadian citizen whose child has received or is receiving instruction in English somewhere in Canada (and the brothers and sisters of that child)
  • if one parent received elementary instruction in English in Quebec

In other words, almost all children, including the children of immigrants to Quebec, must receive instruction in French. The only children who can go to school in English are children of English-educated Canadians or children who have attended English schools elsewhere in Canada or (until recently) in private schools in Quebec. As a result, enrollment in English schools has been declining steadily. Many English speakers have left the province.

Please watch the following video explain official-language minorities in Canada:

 

 

 "Part 1-Portrait of Official-Language Minorities in Canada: Introduction", Statistics Canada, You-tube"

 





Read "Balancing Perceived Common Good with Respect for Rights" including the newspaper articles - pages 381 to 383 following from your text Perspectives on Ideology:  


As you read, consider the following questions:
  • What legislation protects language rights in Canada?
  • Are parents entitled to the freedom to choose their child's language of instruction?
  • To what extent are the language rights issues in Quebec an example of the tyranny of the majority?
  • Concerning language rights in Canada, to what extent do collective rights and the common good conflict?