Ottawa, April 5, 2005
FOR IMMEDIATE RELEASE
New language rights publication: New developments, but too many must still resort to the courts
The Commissioner of Official Languages, Dr. Dyane Adam, released today the biennial publication Language Rights, an analysis of the principal court decisions on language rights in Canada in 2003 and 2004. The Commissioner notes some progress in the interpretation of language rights, but is critical of the fact that, 35 years after the Official Languages Act came into effect, citizens must still too often turn to the courts to have their rights respected.
There have been new developments in case law over the last two years. For example, the courts have been called upon to rule on the right to minority language education, the linguistic obligations of the Government of Canada with respect to service to the public, the right of the accused to be heard by the courts in the official language of their choice, and the obligation of the Government of Canada to promote the development of official language minority communities in accordance with Part VII of the Official Languages Act. For her part, the Commissioner intervened in a half-dozen legal proceedings during this period.
Among the decisions recently rendered, the Supreme Court judgment in Doucet-Boudreau will help clarify the efforts of courts to prescribe fair and appropriate remedies. The Supreme Court confirmed that courts have the power to formulate innovative solutions to ensure the effective implementation of language rights; they can also order the government at fault to take the necessary positive action.
This report highlights the fact that governments must remain sensitive to the needs of official language minority communities. “The decisions analysed in this report are the result of actions taken by individuals and communities who have devoted time and money to defending their linguistic and cultural heritage. While applying to the courts can sometimes be necessary, even inevitable, governments must give preference to dialogue with citizens as their main approach,” said the Commissioner. “It is with that sort of leadership and by working together that true equality of French and English can best be realized,” added Dr. Adam.
Some of the cases demonstrate that it is the duty of legislators to act when an ambiguity in legislation fosters inaction by the governmental and administrative apparatus. The Parliament of Canada will also have an opportunity to exercise its leadership in this regard, for it is considering a bill designed to remove once and for all the ambiguities concerning the interpretation of Part VII of the Official Languages Act. “The minority communities are entitled to a legal commitment from the government, not just a political commitment,” the Commissioner concluded.
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For more information:
Robin Cantin
Manager, Media Relations
Office of the Commissioner of Official Languages
Telephone: 613-995-0374
Toll-free: 1-877-996-6368
