The Recognition of Two Official Languages in Canada

The Recognition of Two Official Languages in Canada

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Official bilingualism comprises Canadians’ ability to deal with their own state authorities, and in matters of public life, in the official language of their choice. In The Recognition of Two Official Languages in Canada, former Supreme Court Justice Bastarache focuses on the evolution and the modern fabric of the bilingual state. The object of this book is to explain the nature of language rights and their importance in Canada’s constitutional history. It is intended to educate anyone with an interest in public policy, whether they are students, lawyers, or policy makers, and to inspire in readers a willingness to promote justice in language policies, however best they can. The first chapter presents a list of current language rights in Canada and explains some of the interpretative principles that must be used when analyzing these rights. The next three chapters examine the history of language rights as part of the history of Canada, starting with the pre-Confederation period, then the first few decades following Confederation, and, lastly, the period from the Bilingualism and Biculturalism Commission to today. The final chapter discusses language rights issues present in Canada today, from education to immigration, and looks at some proposed legislative reforms.

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About the author

Michel Bastarache

Mr. Justice Bastarache, BA, LLL, LLB, DES, was called to the Bar in six provinces. He was a law professor and Dean at the University of Moncton Law School and Associate Dean, Common Law Section, at the University of Ottawa. He was appointed to the Court of Appeal of New Brunswick in 1995 and served on the Supreme Court of Canada in 1997 until 2008. He now practices law. Mr. Bastarache was a member of the Interim Constitutional Court of Kenya. He was Commissioner for the Reform of the Official Languages Act of New Brunswick and President of the Working Group on Academic Freedom at the University of Ottawa. He was also the Commissioner of La Commission d’enquête sur la nomination des juges au Québec. He was the independent conciliator for the indemnification of victims of sexual abuse for the dioceses of Bathurst and Moncton, as well as the independent conciliator for the indemnification of the female members of the RCMP victims of sexual harassment. Justice Bastarache is a member of the Administrative Tribunal of the Association of American States in Washington. He is editor and principal author of three books and has been awarded a dozen awards, including Companion of the Order of Canada and Officier de la Légion d’honneur of France.

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