The Library of Parliament recently published a revised version of its research publication The Role of the Courts in the Recognition of Language Rights
"In 1988, a revised version of the Official Languages Act was passed.
The current Act takes into account the new constitutional order imposed
by the Charter and adds provisions pertaining to language of work in
federal institutions, the vitality and development of the official
language minority communities, and the advancement of English and French
in Canadian society. It also provides a remedy that allows any
complainant to appeal to the Federal Court to ensure that his or her
language rights are respected."
"The adoption of these constitutional and legislative measures gave
official language minority communities new tools with which to affirm
their rights in court. Since 1982, hundreds of judgments have clarified
the scope of language rights (...)"
"The courts have contributed much to the recognition of language
rights in Canada. A good example of their contribution is the progress
made by official-language communities in a minority setting with regard
to minority-language education. However, long, complex court cases can
be very costly and time-consuming. Moreover, systematic use of the
courts can create a culture of confrontation where the parties lock
horns more than they communicate and work together."
"Official-language communities in a minority setting cannot make any
real headway without a clear commitment from governments to the
advancement of their rights. Political action cannot be, and must never
be, brushed aside"
Labels: Library of Parliament, official languages