General Conclusion
| Date | 22 August 2023 |
| Author | Michel Bastarache |
General Conclusion
How important is the language of the law? How important is the
political compromise at the root of language laws? How import-
ant is access to justice in both ocial languages? e answer is
simple — the language provisions are foundational. Without them
Canada would not exist in its present form. Furthermore, all the
great constitutional confrontations were related to language issues.
Canada has evolved and come to accept that languages are part of
its identity as a nation.
Minority-language communities are facing linguistic and cul-
tural assimilation. is is the reason for their militancy. In
they believed in the two-nation theory; francophones outside Que-
bec were considered part of the French-Canadian nation. In ,
Parliament passed a motion recognizing Quebec as a distinct soci-
ety. e ties between Quebec and francophones in other provinces
and territories were by then practically non-existent. In a remark-
able decision a year earlier, the New Brunswick Court of Appeal
described the Acadians as forming a distinct society.
Language rights play a major role in defining social and political
entities. Language laws cannot be considered exclusively as creat-
ing personal rights. is was recognized in the amendment of
the Ocial Languages Act, which obligated the federal government to
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