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The Canadian Constitution does not contain any provisions relating to jurisdiction in matters of language. In a decision rendered in 1988, the Supreme Court of Canada affirmed that "language is not an independent matter of legislation but is rather 'ancillary' to the exercise of jurisdiction with respect to some class of subject matter assigned to Parliament or the provincial legislatures by the Constitution Act, 1867." The power to legislate in matters of language therefore belongs to both the federal and provincial levels of government, according to their respective legislative authority. The first Official Languages Act (OLA) was passed by the federal government in July 1969, in response to the work of the Royal Commission of Inquiry on Bilingualism and Biculturalism. In 1982, the entrenchment of language rights in the Constitution opened a new chapter in the evolution of this issue. The OLA was revised in 1988 to take into account the new constitutional order. The new Act expanded the legislative basis for linguistic policies and programs adopted by the federal government. The OLA was revised again in November 2005 to clarify the duties of federal institutions with respect to enhancing the vitality of official language minority communities and promoting linguistic duality.
The contributions to this volume cover a broad range of issues in language policy that are hotly debated in every corner of the globe. The articles included investigate the implications of language policies on the notion of language rights as the issues are played out in very specific circumstances — from the courtroom in Australia to the legislature in California to the educational system in England to the administrative practices of the European Commission. The authors explore conflicts between basic conceptions of fairness in justice, administration and education on the one hand, and political and economic realities on the other. Articles focus on langage issues in the United States, Canada, Brazil, England, France, Slovakia, Russia, Sri Lanka, Australia and several African states. Other articles consider the implications of new supernational agreements — the European Union, NAFTA, GATT, the OAU — on language issues in the signatory states. In sum the volume offers an extensive presentation of current issues and practices in language policy and linguistic human rights.
'In Canada, a number of constitutional and statutory provisions concern the use of official languages in the legislative realm, thus recognizing the right of both official language communities to participate equally in the parliamentary process. These provisions stem from the collective history of Canadians, and their presence in the Constitution of Canada confirms the fundamental nature of those rights. This paper provides an overview of the various aspects of the issue of official languages in the context of the Canadian Parliament by examining: the guarantees and obligations arising from the Constitution, notably relevant provisions of the Constitution Act, 1867, the Constitution Act, 1982 and the Canadian Charter of Rights and Freedoms; the statutory provisions contained in the Official Languages Act; some specific aspects of parliamentary procedure as they relate to official and other languages; some official languages issues stemming from the use of new technologies, including virtual meetings and sittings; and the linguistic obligations to which officers of Parliament are subject'--Introduction, page 1.
On what grounds should language rights be accorded in Canada, and to whom? This is the central question that is addressed in C. Michael MacMillan's book The Practice of Language Rights in Canada. The issue of language rights in Canada is one that is highly debated and discussed, partly because the basic underlying principles have been a neglected dimension in the debate. MacMillan examines the normative basis of language rights in Canadian public policy and public opinion. He argues that language rights policy should be founded upon the theoretical literature of human rights. Drawing on the philosophy behind human rights, the arguments for recognizing a right to language are considered, as well as the matter of whether such rights possess the essential features of established rights. Another model that is examined is the idea that rights are a reflection of the established values, attitudes, and practices of society. This analysis reveals that there is a significant gap between what a political theory of language rights would endorse and what garners support in public opinion. MacMillan also scrutinizes the federal and provincial contexts in the development of a language rights framework. From these explorations, a case is developed for a recognition of language rights that is consistent with the logic of human rights and that corresponds roughly with developing Canadian practice. The Practice of Language Rights in Canada is a unique contribution to the current literature not only because it conceives of language rights as a human right but also because it frames the whole debate about language rights in Canada as a question of values and entitlements.
Explores parallel and divergent developments in language policy and language rights in the U.S. and Canada, especially the past 4 decades, as a basis for reflection on what can be learned from one country's experience by the other.
One of the most vexing issues in many of the world's so-called ethnic or minority conflicts is the question of language use by the State and its citizens. While international and national law has traditionally viewed language preference to be within a State's prerogative - at least when involving governmental activities and machinery - this position has proved to be a continuous source of acrimony and conflict, and wrong in some respects. Language, Minorities, and Human Rights is the most complete book ever written on the topic, providing for the first time an analysis of every aspect of language and the law. In addition to presenting a theoretical model for language's particular position and relevance in human rights, it constitutes an invaluable reference document by including the provisions of close to 100 international, multilateral and bilateral instruments involving language rights, as well as the constitutional provisions of 140 countries dealing with language. By addressing little explored areas such as the language rights of indigenous peoples, non-citizens and even the use of script, in addition to more traditional topics such as nationalism and language, freedom of expression and non-discrimination, Language, Minorities and Human Rights proposes a complete descriptive picture of language and human rights as well as proposing a number of suggestions on how to address and balance the many problems currently caused by the linguistic demands of various individuals and the interests of states in nation building.