Canadian Consitutional Law #35: Language Rights Thursday, Aug 16 2007
1L and Canadian Constitutional Law and Constitutional Law and Erin Morgan and McGill Faculty of Law 4:41 pm
Language rights are very important in Canada as a result of the historical French-English tension. However, sections 91 and 92 do not assign administration of language-related issues to a specific level of government, so it is treated as an ancilliary sphere over which both levels of government have some control. Language is not a ground listed in section 15, although it may be analogous. The most important provisions relating to language in the constitution are in s133 (the right to use either official language in court and in parliament) and in the Charter between ss16 and 23, the latter being the right to minority language education.
Devine v AG Qc (1988)
AG Manitoba v forest (1979)
Mercure v AG Saskatchewan (1988)
R. v Paquette (1988)
Mahe v Alberta (1990)
Ford v Quebec (AG) (1988)
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