Over time, the Supreme Court of Canada has established a number of principles regarding language rights. Thus, it set out the principle of the broad interpretation of these rights in all cases. Alongside this, it established the principle of the contextual application of language rights, a principle requiring that these rights be implemented taking into account the socio-demographic environment specific to each province and to the Canadian state.
Of course, the Supreme Court has on occasion recalled the overall objective underlying the Canadian constitutional order, which is that of progress towards the equality of Canada’s two official languages, progress which is intended to take legislative and regulatory, and ideally even constitutional, paths.
Added the Supreme Court, language rights must also be interpreted according to their purpose, their object. This is, in particular, to promote the protection and development of minority language communities. In addition, language rights are remedial in nature, in that they aim in particular to correct the errors and injustices of the past.
This equality of which the Supreme Court speaks is none other than a “real equality”, that is to say a concrete equality, which requires that stronger and more sustained special measures be applied in favor of the weaker linguistic groups. , more weakened.
Finally, according to the Supreme Court, language rights impose positive obligations on the state, in the sense that it must act firmly to respect and ensure respect for these rights.
In this vein, Bill C-13, on the modernization of Official Languages Act, has just been adopted by very large majorities in the House of Commons and the Senate. It received royal assent on June 20. However, this new law respects all of the teachings of the Supreme Court of Canada.
It will eventually be accompanied by regulations and a policy on francophone immigration.
Take into account the precariousness of French
Moreover, it postulates a better consideration of the relatively precarious situation of the French language in Canada as a whole. Thus, it contains a commitment to protect and promote French, given the fact that this language is in a minority situation in Canada and North America due to the predominant use of English.
Among other things, it recognizes the importance of remedying the decline in the demographic weight of Francophone minorities, particularly through the arrival of newcomers. It also affirms the importance of French in trade and economic activities and emphasizes the contribution of Francophone immigration to the economy as well as the importance of funding programs taking the Francophone perspective into account.
Bill C-13 also seeks to promote the existence of a majority French-speaking home in a Quebec where the future of French is assured. As such, it recalls that the Charter of the French language (Bill 101) provides that French is the official language of Quebec and it infers that this charter aims to protect, strengthen and promote this language.
Note however that, although Bill C-13 makes explicit reference to Bill 101 and legitimizes it to a certain extent, it does not necessarily endorse all of its content. Moreover, in Bill C-13, there is no acceptance of the use of the overriding provisions contained in Bill 96. Nor is there any incorporation of this latter law by reference.
There Official Languages Act of 1969 and that of 1988 spoke extensively of linguistic minorities in each province. Bill C-13 also talks a lot about it, but it nevertheless proposes to take into account the very specific challenges facing the French language.
In other words, Bill C-13 proposes a paradigm shift.
From now on, the English and French languages will no longer be considered in a strictly provincial rut, but rather they will be seen as national languages, that is to say pan-Canadian.
This is more in line with the true meaning of linguistic duality, which is based on the presence of francophone and anglophone communities, both minority and majority, from coast to coast to coast.
Although it is not perfect, Bill C-13 reflects a good balance between the parties involved. All in all, it constitutes an appreciable contribution to the linguistic dynamic specific to Canada. Moreover, in our opinion, it would be wrong to measure it by the yardstick of the gains made by Quebec. It is rather, overall, a gain for the whole country.
There remains, of course, the question of the affirmation of indigenous languages. It poses quite a challenge within the framework of the Canadian federative bond. It will have to be the subject of special treatment in the future, without however compromising this linguistic duality of which we spoke above. It should rather be complementary to the latter. This is not squaring the circle. It is simply the adaptation of the legal order specific to Canada according to the evolution of society.
On this Canada Day celebration, there is every reason to celebrate the adoption of Bill C-13. It fits perfectly into the spirit of Canadian federalism. Let us now hope that the federal government will go beyond the wording of this law and even the intention behind its existence to push the asymmetrical vision and approach to language rights even further.