Skip to Content

Secondary Logo EN

Home
search
  • Français
MENU
  • Home
  • Institute
    • Mission and vision
    • Strategic Plan
    • Research Agenda
    • Team
    • Organizational Chart
    • Board of Directors
    • Program Committee
    • Research Policy
    • History
    • Grants / Jobs / Internship
  • Our network
    • Research Partners
    • Associate Researchers
  • Research and publications
    • CIRLM Publications
    • Annual Reports
    • Memoirs
    • Ongoing projects
    • Completed projects
    • References on Linguistic Minorities
    • Data
    • LMS Journal
  • Media room
    • Media Coverage
    • Archives
    • Subscribe to News
  • Contact us

Language rights and judicial wrongs: official bilingualism jurisprudence in Canada's provincial courts

Year:
2004
Authors and Collaborators :
Ponting, Mike;  
Publishing Company:
, University of Alberta
Abstract
Since the 1960s, many Canadian policy makers have seen the Official Bilingualism policy as a strategy to maintain Canadian unity. However, the success of this strategy depends a great deal on the way linguistic rights are interpreted by the courts. In interpreting language rights in four important sub-fields related to provincial jurisdiction, the Supreme Court has established two inconsistent and contradictory interpretive approaches. An analysis of provincial court language rights jurisprudence since the 'Beaulac' precedent of 1999 reveals that these courts have responded to the Supreme Court's inconsistent case law with jurisprudence that is generally more restrictive than liberal. This has resulted in the narrowing of some language rights and possibly the undermining of the official bilingualism scheme to some extent. This illustrates that the courts (even those of the provinces) have a great deal of power in the development of public policy and that lower courts do not always faithfully follow the precedents of superior courts.
Theme :
BilingualismRightJustice
Database: This is a bibliographic reference. Please note that the majority of references in our database do not contain full texts.

  • To consult references on the health of official‑language minority communities (OLMC): click here

Contact Us
Street address:
Université de Moncton
Maison Massey
125, rue du 19‑juin
Moncton NB

Phone: 506‑858-4669
Mailing address:
18, avenue Antonine‑Maillet
Maison Massey
Université de Moncton
Moncton NB E1A 3E9
  • Facebook
  • Instagram
  • Linked In
  • YouTube
  • Bluesky
© Canadian Institute for Research on Linguistic Minorities
All rights reserved. A Creative Website by VOX Interactif.
Sitemap
We acknowledge the support of the Government of Canada.
Government of Canada logo
close