Les droits linguistiques aux limites de la rationalité juridique : le curieux destin de la partie VII de la Loi sur les langues officielles

The author analyzes the various possible interpretations of section 41 of Canada’s Official Languages Act (Part VII) and discusses how best to strengthen it in the context of a possible revision of the Act. Under section 41, the Government of Canada is committed to enhancing the vitality of the English and French linguistic minority communities in Canada and supporting their development, as well as fostering the full recognition and use of both English and French in Canadian society. The author provides a brief overview of the history of debates surrounding the interpretation of section 41 and the issue of its “enforceability” since it was first adopted in 1988. He then seeks to identify those aspects of section 41 that require clarification through judicial interpretation and offers a detailed critique of a decision of the Federal Court, which effectively neutralizes section 41 as an enforceable obligation. Lastly, the author shares some thoughts on the inherent limitations of the approach taken in drafting the current version of section 41.

Minorités linguistiques et société / Linguistic Minorities and Society

No. 17

162-195

2021

fr