LWSO5001 Lecture Notes - Lecture 9: Development Corporations, World Trade Organization, Louise Charron
Document Summary
Language is treated as an ancillary matter, which allows both levels of government to legislate with respect to language. Section 16-23 charter provisions relating to language. Origin of functional bilingualism is when the military government allowed capitulated french to keep using french as their language of administration. S 133 of constitution act everyone has right to use french or english in debates or business of houses of parliament. Everyone is entitled to court in french or english. The federal bargain quebecois were attracted to federalism because it offered them the opportunity to make their own law in a majority province. Section 133 codifies that, requiring french and english accessibility in both. Jones v ag new brunswick addressed ability of federal parliament to enact the official languages act. Scc upheld the act, saying that s. 133 set down minimum constitutional protection for language, but this did not preclude parliament or a legislature from conferring additional rights or burdens.
