Section Twenty of the Canadian Charter of Rights and Freedoms
Encyclopedia
Section Twenty of the Canadian Charter of Rights and Freedoms is one of the sections of the Charter
dealing with Canada
's two official language
s, English
and French
. Along with section 16
, section 20 is one of the few sections under the title "Official Languages of Canada" that guarantees bilingualism outside Parliament
, legislatures and courts
. This also makes it more extensive than language rights in the Constitution Act, 1867
. Section 20's specific function is to establish a right to English and French services from the governments of Canada and New Brunswick
.
. According to some judicial decisions, it also applies to services from police
departments and the Royal Canadian Mounted Police
, although not all police officers need to be bilingual. The section's requirements are fully applicable to the main of these offices on the federal level. Section 20 limits its rights only when dealing with the lower-level offices, where there must be considerable interest for services in both languages, or if the offices are filling a function that one would expect should be carried out in both languages.
As section 20 applies to offices besides Parliament and the courts, it is more extensive than sections 17
-22
of the Charter and language rights in section 133 of the Constitution Act, 1867. As far as the text is concerned, these rights are even more extensive in respect to the government of New Brunswick, where there are no requirements for considerable interest for the right to exist.
As constitutional scholar Peter Hogg
notes, other provinces are not required to provide bilingual services under section 20, but some choose to do so under provincial legislation.
case Société des Acadiens v. Association of Parents
(1986), Justice Bertha Wilson
remarked that the limited rights in section 20 seemed to contrast with section 16, which encourages growth in government bilingualism. However, she speculated Parliament could use section 16 to heighten expectations for bilingualism in section 20, by giving the requirement for considerable interest in bilingualism a flexible interpretation. Wilson did, however, write that courts could not employ this flexible interpretation.
The requirement for considerable interest was interpreted in Saulnier v. The Queen, (1989), in which it was found that the Department of Fisheries
violated section 20 by providing English-only services, (1) by simply presuming there was no need for French services, (2) because there were penal consequences for anyone who disobeyed the law not provided in French, and (3) even though some French Canadians understood English (French was still their first language). In Professional Institute of the Public Service v. The Queen (1993), it was added that relevant factors for requiring bilingualism should include the number of people in a minority language
community, interest among the population, and relations between the people and the government. Statistics and the practices of the office might be of use in measuring these things.
In R. v. Haché, (1993), it was found the government is not under any obligation to tell people that they have rights under section 20.
s strongly support French services outside Quebec
and in almost equal measure support the same rights for English Quebec. Ninety-seven percent of English Canadians support the right for English Quebeckers, and 65% of English Canadians supported the rights of French Canadians under section 20.
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
dealing with Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
's two official language
Official language
An official language is a language that is given a special legal status in a particular country, state, or other jurisdiction. Typically a nation's official language will be the one used in that nation's courts, parliament and administration. However, official status can also be used to give a...
s, English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
and French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
. Along with section 16
Section Sixteen of the Canadian Charter of Rights and Freedoms
Section Sixteen of the Canadian Charter of Rights and Freedoms is the first of several sections of the Charter dealing with Canada's two official languages, English and French...
, section 20 is one of the few sections under the title "Official Languages of Canada" that guarantees bilingualism outside Parliament
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
, legislatures and courts
Court system of Canada
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature while others are provincial or territorial....
. This also makes it more extensive than language rights in the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
. Section 20's specific function is to establish a right to English and French services from the governments of Canada and New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
.
Text
Section 20 reads:Rights and limitations
Section 20 applies to services from offices of Parliament and the government of Canada, including government departments and the bureaucracyBureaucracy
A bureaucracy is an organization of non-elected officials of a governmental or organization who implement the rules, laws, and functions of their institution, and are occasionally characterized by officialism and red tape.-Weberian bureaucracy:...
. According to some judicial decisions, it also applies to services from police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
departments and the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
, although not all police officers need to be bilingual. The section's requirements are fully applicable to the main of these offices on the federal level. Section 20 limits its rights only when dealing with the lower-level offices, where there must be considerable interest for services in both languages, or if the offices are filling a function that one would expect should be carried out in both languages.
As section 20 applies to offices besides Parliament and the courts, it is more extensive than sections 17
Section Seventeen of the Canadian Charter of Rights and Freedoms
Section Seventeen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canada's two official languages, English and French...
-22
Section Twenty-two of the Canadian Charter of Rights and Freedoms
Section Twenty-two of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. The official languages, under section 16, are English and French...
of the Charter and language rights in section 133 of the Constitution Act, 1867. As far as the text is concerned, these rights are even more extensive in respect to the government of New Brunswick, where there are no requirements for considerable interest for the right to exist.
As constitutional scholar Peter Hogg
Peter Hogg
Peter Wardell Hogg, CC, QC, FRSC is a Canadian lawyer, author and legal scholar. He is best known as a leading authority on Canadian constitutional law....
notes, other provinces are not required to provide bilingual services under section 20, but some choose to do so under provincial legislation.
Judicial interpretation
In the Supreme Court of CanadaSupreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
case Société des Acadiens v. Association of Parents
Société des Acadiens v. Association of Parents
Société des Acadiens v. Association of Parents, [1986] 1 S.C.R. 549 is an early Supreme Court of Canada decision on minority language rights under section 19 of the Canadian Charter of Rights and Freedoms...
(1986), Justice Bertha Wilson
Bertha Wilson
Bertha Wernham Wilson, CC was a Canadian jurist and the first woman Puisne Justice of the Supreme Court of Canada.-Early life:...
remarked that the limited rights in section 20 seemed to contrast with section 16, which encourages growth in government bilingualism. However, she speculated Parliament could use section 16 to heighten expectations for bilingualism in section 20, by giving the requirement for considerable interest in bilingualism a flexible interpretation. Wilson did, however, write that courts could not employ this flexible interpretation.
The requirement for considerable interest was interpreted in Saulnier v. The Queen, (1989), in which it was found that the Department of Fisheries
Fisheries and Oceans Canada
Fisheries and Oceans Canada, frequently referred to as DFO , is the department within the government of Canada that is responsible for developing and implementing policies and programs in support of Canada's economic, ecological and scientific interests in oceans and inland waters...
violated section 20 by providing English-only services, (1) by simply presuming there was no need for French services, (2) because there were penal consequences for anyone who disobeyed the law not provided in French, and (3) even though some French Canadians understood English (French was still their first language). In Professional Institute of the Public Service v. The Queen (1993), it was added that relevant factors for requiring bilingualism should include the number of people in a minority language
Minority language
A minority language is a language spoken by a minority of the population of a territory. Such people are termed linguistic minorities or language minorities.-International politics:...
community, interest among the population, and relations between the people and the government. Statistics and the practices of the office might be of use in measuring these things.
In R. v. Haché, (1993), it was found the government is not under any obligation to tell people that they have rights under section 20.
Public views
In 1989, a few political scientists published a survey on the public's opinion on section 20. It indicated that French CanadianFrench Canadian
French Canadian or Francophone Canadian, , generally refers to the descendents of French colonists who arrived in New France in the 17th and 18th centuries...
s strongly support French services outside Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
and in almost equal measure support the same rights for English Quebec. Ninety-seven percent of English Canadians support the right for English Quebeckers, and 65% of English Canadians supported the rights of French Canadians under section 20.
External links
- Overview of section 20 case law at the Canadian Legal Information Institute.
- Fundamental Freedoms: The Charter of Rights and Freedoms - Charter of Rights website with video, audio and the Charter in over 20 languages