Language Rights in Canada: A Theoretical Approach

Abstract

Language rights in Canada have a long and tumultuous history. The published accounts focus on the English- and French-language communities. The extensive language rights scheme entrenched in sections 16 to 20 and 23 of the Charter intends to promote equality between the English and French languages, what may be called "linguistic duality". Linguistic duality is also found in Canada's Official Languages Act. One of the express purposes of the Official Languages Act is to support the development of English and French linguistic minority communities as well as to advance the equality status and use of the English and French languages within Canadian society. Linguistic duality, and more specifically achieving equality of these two language communities, may appear to be the sole focus of language rights and policy in Canada, but that is inaccurate. Language rights and policy in Canada are more complex. Canada's language policy provides asymmetric protection to those French and English language communities that live as minorities in the provinces. This makes for considerable complexity as these communities differ remarkably one from another. The concept of "linguistic community" itself is complex and contestable in Canada. Further, Canada's language policy also extends to allophone communities and to certain Aboriginal language communities. This adds further layers of complexity, and potential for conflict. Thus, a comprehensive examination of language rights in Canada also requires a consideration of allophone and Aboriginal language communities.

This paper explores the theoretical frameworks underlying language policy in Canada. It describes the principal theoretical frameworks that have been proposed by various scholars and examines how these have been implemented in working mechanisms to protect minority language communities in Canada. In Part II, I review the various theoretical justifications or normative frameworks that justify protection of minority language rights generally. In Part III, I describe different models and mechanisms that states may employ to protect minority language rights. In Part IV, I show why there is no singly theory of language rights in Canada. I explain how Canada's language policy is underpinned by many justifications which have evolved over time, under different policy imperatives, since Confederation. Central to this explanation is how the treatment of French minority-language communities evolved from nation building to the protection of linguistic human rights and the preservation of linguistic diversity. I endeavour to show that the principle objective is not simply linguistic security but linguistic survival. In Part V, I also briefly address Canada's language policy vis-a-vis non-official language minorities. This essay is not intended to be extensive. It is meant to examine the principal theories that have been advanced and to examine their practical application in Canadian context.

Keywords: language rights, Canada, English, French, Sections 16 to 20 Charter, Section 23 Charter, equality, linguistic duality, Canadas Official Languages Act, minority communities, language rights, policy, allophone, Aboriginal language communities