F. Conclusion

Author:Robert J. Sharpe - Kent Roach
Profession:Court of Appeal for Ontario - Faculty of Law, University of Toronto

Page 398

Language rights have been a central and controversial feature of the Canadian constitution since Confederation. The recognition and protection of language rights was significantly enhanced under the Charter of Rights and Freedoms, and the Supreme Court of Canada has, in recent years, given constitutionally protected language rights a generous interpretation, repudiating an earlier tendency to give them a narrow interpretation.

Minority language rights have at the same time an individual, a collective, and a remedial dimension. Courts will protect the language rights of individuals but also recognize that language rights are related to the collective interests and rights of minority language communities in Canada and are designed to resist the assimilation of such communities.

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BASTARACHE, M, ed, Language Rights in Canada, 2d ed (Toronto: Car-swell, 2004)

BRAEN, a, P FOUCHER, & y LE BOUTHHILLER, Languages, Constitutionalism and Minorities (Markham: LEXISNEXIS, 2006)

GREEN, lc, & D RÉAUME, "Second-Class Rights? Principle and Compromise in the Charter" (1990) 13 Dal LJ 565

MAGNET, JE, Official Languages of Canada New Essays (Markham: LEXISNEXIS Canada, 2008, 1995)


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