What Are the Language Laws in Canada

Employees of federal institutions, regardless of whether their position is bilingual, have the right to work in the official language of their choice in the following designated bilingual regions: As an extension of the existing language law, the law provides that immigrants to Canada who settle in Quebec cannot negotiate with the government in English or other languages for more than six months after their arrival. The requirement of official language bilingualism extends to government orders that create laws and documents incorporated into those acts and regulations, whether created by Manitoba, another government, a corporation or a private body. unless it can be shown that its inclusion without translation is based on legitimate grounds » (Reference re Manitoba Language Rights, 1992, summary decision) [SCC]. In the same decision, the Supreme Court clarified that legitimate grounds relate to the laws of another province or country for the purposes of intergovernmental cooperation, international regulations or technical standards (such as ISO or ICANN) adopted by private organizations. The Commissioner of Official Languages8 is responsible for ensuring that the spirit of the OLA is respected within these institutions, protecting the language rights of Canadians and promoting linguistic duality and equality between English and French in Canadian society. The Commissioner has the power to receive complaints, conduct investigations and intervene before the courts.9 He submits an annual report to Parliament on his office`s official languages activities. The provincial government says the law is necessary to maintain Quebec`s status as the largest French-speaking enclave in the United States, while critics call it an attempt to create a monoculture in a proudly multicultural country. The national government says that about 85% of Quebec`s more than 8 million people speak French as their main language. The Treasury Board of Canada Secretariat is responsible for managing and coordinating federal policies and programs related to the implementation of Parts IV, V and VI of the Official Languages Act. It ensures that federal institutions respect the principles, guidelines and regulations governing official languages. Seen through the prism of constitutional debates, it is easy to understand the fervor of the provinces and Ottawa at the time. There is currently no constitutional crisis, but many have expressed concern about the future of the French language in the country. The Canadian government acknowledged in the 2020 Speech from the Throne that French is in a weak position at home and in North America.

In addition, the pandemic has highlighted the unequal treatment of English and French languages, particularly within the federal public service. The other provinces and territories do not have an explicit constitutional obligation to enact their laws in both official languages. It is therefore necessary to consult the laws of each jurisdiction to understand the situation. Under the Official Languages Act, the Government of Canada is committed to supporting the development of minorities in official languages. The goal is to enable these communities to thrive and enjoy the same benefits as the rest of the population. The desire to strengthen the French language against the dominance of English in North America and Canada is part of the reasoning that guides initiatives at the federal, Quebec and Ontario levels. The bills highlight the key role played by governments on the linguistic front lines in promoting linguistic diversity. The principle of substantive equality established by Ottawa, the recognition of French as a common public language in Quebec and the commitment to active service in Ontario represent a major step forward for the country in terms of French representation.

However, in order to further promote the substantive equality of the French, new laws must rely on implementation mechanisms and measurement tools allowing continuous monitoring with a view to their next revision in ten years. The current Action Plan for Official Languages runs from April 1, 2018, to March 31, 2023. It is based on three pillars: strengthening minority communities in official languages, improving access to services in both official languages (e.g., education, health and justice services), and promoting a bilingual Canada. Although all federal political parties supported the adoption of the Official Languages Act, the response from the provinces was much more lukewarm. New Brunswick passed its own Official Languages Act in 1969, which introduced official bilingualism, while Ontario was content to offer French services in limited areas on an ad hoc basis. In 1979, 10 years after the federal Official Languages Act was passed, the Supreme Court of Canada ruled that Manitoba, officially a monolingual English-speaking province since 1890, must comply. The Official Languages (Communication with and Services to the Public) Ordinance, adopted in 1991, sets out the circumstances in which federal institutions are required to provide services in both official languages. These orders were adopted following an extensive consultation process in accordance with section 32 of the Official Languages Act. Nunavut is excluded from the application of Canada`s Official Languages Act (subsection 3(1), the definition of « federal institution »).

Nunavut has three official languages: English, French and Inuit. Nunavut passed an Official Languages Act in 2008. In light of section 5(1) of the Official Languages Act, laws are passed, printed and published in English and French. The remainder of section 5 governs the manner in which Inuit translate and pass laws. Section 4 permits the use of one of the official languages in parliamentary proceedings and regulates its publication and dissemination. The Canadian Constitution does not contain any provisions on jurisdiction over language. In a 1988 decision, the Supreme Court of Canada confirmed that the power to legislate on language matters rests with the federal and provincial levels, in accordance with their respective legislative powers.1 In the federal public service, some positions are described as bilingual and others as monolingual. The Official Languages Act establishes the need to be objective in determining the language requirements of missions. These requirements are based on the tasks to be performed to serve members of the public in the official language of their choice or to fulfill obligations in the language of work. From time to time, the Commissioner of Official Languages points out that federal organizations subject to the Act do not meet their legal obligations with respect to official languages.

In a report published in 2004 on the occasion of the 35th anniversary of the Official Languages Act, Commissioner Dyane Adam noted that only 86% of positions classified as « bilingual » in the federal public service were occupied by people who were effective in both official languages. However, this is an increase from the comparable figure in 1978, when only 70% of incumbents in positions classified as « bilingual » were able to speak both languages at an accepted level. [18] The Minister of Canadian Cultural Heritage10 and the President of the Treasury Board11 also have specific responsibilities with respect to official languages. The first coordinates the commitment made in Part VII of the OLA « to enhance the vitality of Canada`s English- and French-speaking minority communities and to support their development; and to promote the full recognition and use of English and French in Canadian society. 12 The latter manages, in the public service, the delivery of programs relating to communication with and services to the public (Part IV), language of work (Part V) and the equal participation of English- and French-speaking Canadians (Part VI). The two institutions that manage these ministers must report annually to Parliament on their official languages responsibilities. In 1867, the year of Confederation, English and French became the languages that could be used in the debates of the Canadian Parliament, as well as in every court of Canada established under the Constitution Act and in all courts in Quebec (section 133). The first Official Languages Act, adopted in 1969, recognized the equality of English and French throughout the federal government. Its main objective was to ensure that Canadian citizens have access to federal services in the official language of their choice. As a federal law, the Official Languages Act applies only to federal institutions and cannot apply to provincial or municipal governments or private businesses. However, some provinces and territories have adopted their own policies and legislation to protect languages. In addition to respecting these rights, federal institutions must also ensure that the workplace is truly conducive to the use of both official languages.

One of the key elements of the 1969 Act was to ensure that federal government services were provided in both official languages wherever population size warranted. Part VI of the Act states that English-speaking Canadians and French-speaking Canadians are not discriminated against on the basis of their ethnic origin or their learned mother tongue in employment opportunities and advancement. [4] « This law is the most important reform for the status of the French language since the adoption of Bill 101 in 1977, » Quebec Premier François Legault said in a Facebook statement.