Collective Rights for Official and Minority Language Rights Charter of Rights and Freedoms Sections...
Transcript of Collective Rights for Official and Minority Language Rights Charter of Rights and Freedoms Sections...
Collective Rights for Official and Minority Language Rights
Charter of Rights and FreedomsSections 16-22And Section 23
Introduction
• Look at p. 141 to see what you are going to be studying in this section.
• Write defs of:1. anglophone-
2. francophone-
3. Official language communities-
Map- text p. 142
• What do Francophone students in Alberta and Anglophone students in Québec have in common? Use information from the map be low to formulate your answer. (2 points)
1.
2.
Questions #1, 2 p. 142
Answer the questions on the bottom of the page.
1.
2.
Pages 143, 144Two perspectives on minority language rights
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Main points
Main points
Blue questions from pages 143 and 144
p. 143 answers
p. 144 answers
Sections 16-22-Official Language Rights
• Within sections 16–22 of the Charter, official language rights in Canada are identified, notably French and English language rights with respect to federal public institutions and the delivery of federal government services.
• Official Languages of Canada • 16. OFFICIAL LANGUAGES OF CANADA / Official languages of New Brunswick / Advancement of status
and use. • 16.1 ENGLISH AND FRENCH LINGUISTIC COMMUNITES IN NEW BRUNSWICK / Role of the legislature and
government of New Brunswick. • 17. PROCEEDINGS IN PARLIAMENT / Proceedings of New Brunswick legislature. • 18. PARLIAMENTARY STATUTES AND RECORDS / New Brunswick statutes and records. • 19. PROCEEDINGS IN COURTS ESTABLISHED BY PARLIAMENT / Proceedings in New Brunswick courts. • 20. COMMUNICATIONS BY PUBLIC WITH FEDERAL INSTITUTIONS / Communications by public with New
Brunswick institutions. • 21. CONTINUATION OF EXISTING CONSTITUTIONAL PROVISIONS. • 22. RIGHTS AND PRIVILEGES PRESERVED.
• Link at http://www.efc.ca/pages/law/charter/charter.text.html#23
Minority Language Education Rights in Canada
• Section 23 of the Charter identifies minority language education rights for Francophone and Anglophone minority communities in Canada.
• Section 23 and the courts have played a role in communities being able to access minority language education rights in Canada.
LANGUAGE OF INSTRUCTION• Continuity of language instruction / Application where numbers warrant. 23. (1) Citizens of Canada
• (a) whose first language learned and still understood is that of the English or French linguistic minority 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 language 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.