Friday, July 26, 2013

No general constitutional right to bilingualism across all Provinces


[56]                          However, the Charter also reflects a recognition that Canada is a federation and that each province has a role to play in the protection and advancement of the country's official languages. This is evident from ss. 16 to 20, which require bilingualism in the federal government, in Parliament, in courts established by Parliament, and in the province of New Brunswick. The Charter does not require any province other than New Brunswick to provide for court proceedings in both official languages. In addition, s. 16(3) provides that the legislatures may act to advance the use of English and French. In my view, therefore, while it is true that the Charter reflects the importance of language rights, it also reflects the importance of respect for the constitutional powers of the provinces. Federalism is one of Canada's underlying constitutional principles: Reference re Secession of Quebec, at paras. 55-60. Thus, it is not inconsistent with Charter values for the British Columbia legislature to restrict the language of court proceedings in the province to English.

3 comments:

Rene said...

That's why it is called British Columbia.

Government services in the province will offer brochures on services in a multitude of languages, though rarely in Canada's other stated official language.

As for the hue and cry by the usual horde of Reform bigots over language services in Quebec, court services as well as a host of others are available in English and French, you can apply for a civil marriage, register a birth, arrange for divorce, for funeral proceedings or burial, pay traffic tickets and so on and so forth in English as well as French ...

The Rat said...

... just don't try to order Italian food in Italian. And Rene, does a mirror not work in your part of the country? 'Cause it seems to me that Quebec has the most difficulty dealing with other cultures' differences. Isn't that the essence of what a 'bigot' is?

Rene said...

The Rat is appropriately named. I used to reside in BC, now reside in Ontario. Why is it that all Reformers believe any francophone commenting on language issues must necessarily be a Quebecer?