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Banner: Building a Just Society: A Retrospective of Canadian Rights and Freedoms

Canadian Charter of Rights and Freedoms

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Official Languages of Canada

Photograph of industrial arts teacher, Noel H. Johnson, teaching his students woodworking at Lucasville School, Halifax, Nova Scotia,  December 1952
Industrial arts teacher, Noel H. Johnson, teaching his students woodworking at Lucasville School, Halifax, Nova Scotia, December 1952
Source

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.

16.1. (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.

(2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed.

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.

Postage stamp entitled STRENGTH THROUGH EDUCATION, depicting two students surrounded by symbols of knowledge, 1962

A

Cover of a speech by Sir Wilfrid Laurier entitled FREEDOM OF DEBATE AND LIBERTY OF PUBLIC DISCUSSION, 1913

B

Photograph of a plaque marking the site at Fredericton where the Legislature of New Brunswick first met on July 15, 1788, no date

C

  1. Postage stamp entitled Strength Through Education, depicting two students surrounded by symbols of knowledge, 1962
    Source
  2. Cover of a speech by Sir Wilfrid Laurier entitled Freedom of Debate and Liberty of Public Discussion, 1913
    Source
  3. Plaque marking the site at Fredericton where the Legislature of New Brunswick first met on July 15, 1788, no date
    Source

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 in 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 in 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.

Cover of a publication entitled REPORT OF THE COMMITTEE ON FRENCH LANGUAGE SCHOOLS IN ONTARIO, 1968

Cover of a publication entitled Report of the Committee on French Language Schools in Ontario, 1968

Source

Cover of a book by Philip Steele entitled LA LIBERT D'EXPRESSION, 2000

Cover of a book by Philip Steele entitled La liberté d'expression, 2000

Source

Minority Language Educational Rights

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.

Further Research

Human Rights Program. Canadian Heritage.
www.canadianheritage.gc.ca/progs/pdp-hrp/index_e.cfm
(accessed October 24, 2006).

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