Joshua Lee - Chapter 4 Notes 4.4 PDF

Lesson 4.4 - Laws Recognizing Official Language Groups (Pages 141 - 151) What collective rights do official language groups have under the Charter? What are Collective Rights? ​ Collective rights are those rights guaranteed to specific groups in Canada for historical and constitutional reas...

Lesson 4.4 - Laws Recognizing Official Language Groups (Pages 141 - 151) What collective rights do official language groups have under the Charter? What are Collective Rights? ​ Collective rights are those rights guaranteed to specific groups in Canada for historical and constitutional reasons. These groups are: ○​ Aboriginal Groups ​ First nations ​ Metis ​ Inuit ○​ Official Language Groups ​ Anglophones ​ Francophones Terminology ​ ANGLOPHONE: a person whose first language is English ​ FRANCOPHONE: a person whose first language is French ​ OFFICIAL LANGUAGE MINORITY: a group that speaks one of Canada’s two official languages, but does not make up the majority of the population in that province or territory ​ Examples: ○​ The Official Language Minority group in Alberta would be French. ○​ The Official Language Minority group in Quebec would be English. Charter Rights of Official Language Groups ​ Sections 16 to 20 establish English and French as the Official Languages of Canada and the right to use these languages with the federal government ​ They also establish New Brunswick as the only officially bilingual province In Practice ​ Canada & New Brunswick MUST legally: ○​ Allow both English & French languages to be used in government ○​ Publish laws and government documents in both languages ○​ Provide services at the federal/provincial level in both languages ​ The rest of Canada…is free to choose based on provincial/territorial decisions ​ Some provinces practice more of “unilingual ” approach Charter Rights of Minority Language Education Rights ​ Section 23 states that a minority population of sufficient size has the right to publicly funded schools that serve their language community ​ Publicly funded: provided by the government and paid for by taxes Francophone Schools in Alberta ​ There are Francophone communities throughout Alberta that have French language schools. ​ Schools in Edmonton include Ecole Notre Dame, Ecole Joseph Moreau, and Ecole Maurice Lavallee, among others. ​ There is even the Faculty Saint-Jean at the UofA where instruction is in French. The Roots of Bilingualism ​ Where can the roots of bilingualism be traced back to? Who was responsible for protecting Francophone-Anglophone rights in Canada? ​ Traced back to the deep roots of French and English language/culture in North America since the days of Colonization. ​ At confederation (BNA Act, 1867) Canada becomes a bicultural, bilingual nation, with English and French the official languages of government ​ Politicians such as John A. Macdonald and George Etienne Cartier put aside their differences and worked together to affirm the Francophone/Anglophone identity Francophone Education in Alberta ​ How effectively does the Charter support the identity of Francophones in minority settings? ○​ Pre-1982, Francophones would have had to educate their children in private schools if they wanted them to learn in French ​ With the Charter of Rights and Freedoms (1982) Francophone parents began to see opportunities for their children: ○​ Used section 23 to lobby for minority language education rights (1983) ○​ Launched a Charter challenge to establish Francophone school boards (1983) ○​ By 1984 Francophone schools begin to open in Edmonton and Calgary ○​ By 1990 the Supreme Court affirms the right to Francophone school boards ○​ Today there are more than 26 publicly funded Francophone schools and 7 school boards in Alberta Bill 101 - The Charter of the French Language ​ Recall the story of the Quebec “Separatist” movement we looked at in the story of the “FLQ.”  ○​ French “Nationalism” was growing in the 1950’s – 1970’s ○​ English was becoming widely used in the province, especially in Montreal ○​ English was the language of business in Montreal; you had to speak it to get a good job (which meant “Lesser” jobs for the French) ○​ Store signs in Montreal were often in English ○​ Quebec was becoming very “Anglophone” and this upset some Francophones who were concerned about the loss of the French Language and identity in their province ○​ Ideas of “Separatism ” also grow, resulting in the creation of the “Parti Quebecois” (Separatist party) and also the FLQ ○​ After the FLQ crisis, Rene Levesque will win the Provincial Government in Quebec and introduce Bill 101: The Charter of the French Language ​ The purpose of Bill 101 ○​ Bill 101 is created to protect and promote the French language within the province of Quebec. ○​ The law only affects the province of Quebec, not the entire country ○​ It states that: ​ French speaking people are a distinct people and French is the language that expresses that identity. ​ The people of Quebec want to make French the language of government and the everyday language of work, education and business Bill 101 and the Charter ​ Commercial Signs ○​ Before the Charter: commercial signs must be in French ○​ After the Charter: Supreme Court decides signs can require French, but cannot prohibit English. French may have to be more prominent than English Francophone and Immigrant Schooling ​ Before the Charter: Francophones and immigrant parents in Quebec seek the right to educate their kids in English ​ After the Charter: Supreme Court decides Francophone parents do not have the right to educate their kids in English. ​ This violates the intent of section 23 which aims to protect Francophones as the minority culture in Canada ​ Immigrant parents have the right if their kids have received prior education in English Stop and Think 1.​ What do Sections 16-20 of the Charter establish? Sections 16 to 20 establish English and French as the Official Languages of Canada and the right to use these languages with the federal government 2.​ Give parallel examples of how English and French are used a.​ In levels of government (Provincial vs. Federal) b.​ In services provided (Provincial vs. Federal) 3.​ What does Section 23 establish and what is meant by the term “public funding?” Section 23 states that a minority population of sufficient size has the right to publicly funded schools that serve their language community Publicly funded: provided by the government and paid for by taxes 4.​ Who would have minority language educational rights in Alberta? Quebec? The Official Language Minority group in Alberta would be French. The Official Language Minority group in Quebec would be English. 5.​ What was the purpose of introducing Bill 101 in Quebec? Bill 101 is created to protect and promote the French language within the province of Quebec. 6.​ What did Bill 101 do in regards to “signage” and businesses in Quebec? Bill 101 required signage and businesses in Quebec to be written or to be put in French. For example, signs that businesses used to advertise had to be in French. 7.​ How did this change with the introduction of the Charter in 1982? This changed in 1982 since French was still required, but English was not prohibited. For example, before the charter happened, French was the only language which was allowed. After the charter, French was required and English was not prohibited. These bilingual signs were allowed unless French was more prominent than English. An example is that the French text should be bigger than the English text on signs. 8.​ What did Bill 101 do in regards to students' educational rights in Quebec? It was mandatory for students to speak and learn in French. 9.​ How did this change with the introduction of the Charter in 1982? They now had the option to speak and learn in English