Equality between Linguistic Communities in Canada

Abstract

Language rights in Canada are based on a fundamental principle – equality between Canada’s English and French linguistic communities. The concept of “English and French linguistic communities” is subtle: the communities are composed of wholes – the English and French linguistic communities of all of Canada – and fragments, the English and French linguistic minorities in each province. The English and French linguistic communities, considered as wholes and as fragments, are at different stages of development. Analysis of inequality requires comparison to another appropriate unit of the other linguistic community, whether the whole or a fragment. Proposals for measures to correct inequality also depend on comparison with an appropriate unit of the other linguistic community, whether the whole or a fragment. The concept of equality between the linguistic communities must be applied together with the underlying principle of vitality of the linguistic communities. Parliament and the provincial legislatures are under a duty to advance the linguistic communities to a condition of vitality as well as equality. Which level of government must act depends on analysis of the unit of the linguistic community which is alleged to suffer from inequality and lack of vitality, whether the whole or a fragment. The article considers the possibility for a requirement of joint co-ordinated action by federal and provincial governments to respond to the duty to advance the linguistic communities to a condition of equality and vitality.

Keywords: language rights, Canada, linguistic, communities, english, french, inequality, development, equality, government