PRB 06-38E

Language Regimes in the Provinces and Territories

Prepared by:
Marie-Ève Hudon
Political and Social Affairs Division
6 February 2007

PDF ( 142,50 Kb, 5 pages)

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Table of Contents

• Provincial and Territorial Language Regimes
• Intergovernmental Cooperation
• Endnotes
• Appendix

Canada’s Constitution contains no provision relating to jurisdiction over language.  In a 1988 decision, the Supreme Court of Canada affirmed that “language is not an independent matter of legislation but is rather ‘ancillary’ to the exercise of jurisdiction with respect to some class of subject matter assigned to Parliament or the provincial legislatures by the Constitution Act, 1867.”(1)  The power to legislate with regard to language therefore belongs to both the federal and provincial levels of government, under their respective legislative authority.

Provincial and Territorial Language Regimes

Language regimes vary significantly from one province or territory to another.  Linguistic obligations were imposed only on Quebec and Manitoba at the time of their entry into Confederation.  In 1969, New Brunswick adopted the first Official Languages Act.

Today, every province except British Columbia and Newfoundland and Labrador has implemented measures to recognize the official languages or the provision of French-language services.  In some cases, these are policy measures (e.g., Manitoba and Saskatchewan); in others, they are legislative measures (e.g., New Brunswick, Ontario, Nova Scotia, Prince Edward Island).  In the case of New Brunswick, language provisions are entrenched in the Constitution.  Table 1 (see Appendix) summarizes provincial/ territorial legislation dealing with official languages.

In addition to these general provisions, the provinces and territories have adopted specific linguistic measures relating to such sectors as education, justice and municipal affairs.  With regard to education, every province and territory has implemented legislative measures to ensure compliance with section 23 of the Canadian Charter of Rights and Freedoms.  Section 23 guarantees the right of parents to have their children receive primary and secondary school instruction in the minority language, where numbers warrant.  It also guarantees parents the right to manage the minority-language schools.

Judicially, section 530 of the Criminal Code(2) guarantees the right of every accused to be tried in his or her language of choice.  The provinces and territories, which are obligated to meet this requirement, have, for the most part, implemented legislative provisions to that effect.  In some cases, the provisions are part of the official languages legislation (e.g., Saskatchewan and Alberta).  In other cases, the provinces have adopted separate legislation recognizing the status of French before the provincial courts (e.g., Ontario).  In New Brunswick, Quebec and Manitoba, these rights are entrenched in the Constitution.

At the municipal level, only Quebec and New Brunswick have adopted language regimes that recognize official-language communities in a minority setting.  Elsewhere in Canada, certain municipalities have been given bilingual status or provide services in both official languages; this is the case in Prince Edward Island, Nova Scotia, Ontario, Manitoba, Saskatchewan, Alberta and the Northwest Territories.

Intergovernmental cooperation

Beginning in the mid-1990s, the federal government signed cooperative agreements to promote French-language services in the provinces and territories.  The goal of these agreements was to increase the capacity of the provincial and territorial governments to develop, improve and provide services, including municipal services, in the language of the minority population.  The funds allocated enable the implementation of initiatives such as the new Official Languages Act in New Brunswick and the French-language Services Act in Nova Scotia.  They are also used to promote the delivery of services in all areas (other than education) deemed essential to the development of official-language communities in a minority setting (e.g., justice, health, youth, and the arts).

Since the late 1980s, the Government of Quebec has signed cooperative agreements with the governments of other provinces and territories in order to improve the provision of services in French.  The targeted sectors include early childhood education, youth, culture, communications, education, economic development, immigration, justice, sustainable development, information technologies, health and social services.  To date, all the provinces (except Newfoundland and Labrador) and one territory (Yukon) have signed agreements with the Government of Quebec.

The Politique du Québec en matière de francophonie canadienne was updated in 2006.  “The policy became necessary to better convey the Quebec government’s desire to resume its leadership role within the Canadian federation and fully assume its historical and specific responsibility to Francophones in all regions of Canada.  It was also important
to reinforce solidarity between Francophones in Quebec and Francophones elsewhere in Canada, and strengthen our position in light of the risks and opportunities created by globalization for the future of the French language.  Finally, it was necessary to consider changes concerning equity with regard to language rights in Canada.”(3)

Since 1994, the provinces and territories have participated in the Ministerial Conference on the Canadian Francophonie.  This body is committed to strengthening intergovernmental cooperation on issues relating to Francophone affairs in Canada.  It also works to improve the coordination of provincial and territorial actions with those of the federal government.  Each province and territory is represented at the conferences by a minister responsible for Francophone affairs.  The federal government has been represented since 2005.

Endnotes

1. Devine v. Quebec (Attorney General), [1988] 2 S.C.R. 790.
2. R.S., 1985, c. C-46.
3. Government of Quebec, Secrétariat aux affaires intergouvernementales canadiennes, “Nouvelle Politique du Québec en matière de francophonie canadienne.  Le Québec s’engage auprès des francophones du Canada,” News release, Quebec City, 7 November 2006 [translation].

Appendix