Product Details
2-89451-722-X
Book
730 pages
1
hardcover
2004-02-01
Éditions Yvon Blais

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Language Rights in Canada, 2nd Edition
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Description
Preface by M. Boutros Boutros-Ghali. Edited by Michel Bastarache. The second edition of Language Rights in Canada builds on the first edition and reflects the immense development in this area of the law since 1986. The book's focus is undeniably language rights and services relating to official language minorities. Themes recur and unite the chapters which seek to be consistent in their general approach. This approach is, for the most part, descriptive and legal rather than normative or political. The primary objective is to provide an overview of the law as it stands, placed in the context of its origin and purpose. The development in the corpus of legislation and case law in the area since the first edition means that much less speculation is required in addressing the key questions. Of course, unresolved issues remain. At times, statutory regimes and decided cases are demonstrably inconsistent with the general body of law in the field, or ineffective in pursuing their objectives. Without engaging in formal critique or political comment, the authors, for the most part, highlight such deficiencies and, in some instances, offer suggestions or solutions consistent with past judicial problem-solving. In doing so, the authors consider the impact of language laws on minority language communities in their day to day lives: while a classical legal perspective might view the guarantees relating to the legislative process as paramount, the authors are aware of the greater quotidian effects of the provision of government services, access to justice and schooling in the minority official language. Language Rights in Canada is an important reference work and an indispensable guide to the state of official languages law and minority language rights and protections in Canada. It will prove useful to the lawyer and legal scholar alike, as well as to students of federalism and the Canadian experience in many disciplines and fields of research and academic endeavour. Table of contents Introduction Michel Bastarache
  • Language Rights as Minority Rights
  • National Protection of Language Rights: A Comparative Perspective
  • Language Rights in Canada
Bilingualism and Legislation Robert Leckey and formerly André Braën
  • Constitutional Norms
  • Legislative Measures
  • Bilingual Legislation and Judgments
Bilingualism and the Judicial System Vanessa Gruben
  • Constitutional Provisions
  • Legislative Provisions
The Right to Receive Public Services in Either Official Language Nicole Vaz and Pierre Foucher
  • Sections 20 And 16 of the Canadian Charter of Rights and Freedoms
  • The Federal Official Languages Act
  • Provisions Applicable in the Provincial Domain
  • The Territories
Language Rights and Education Mark Power and Pierre Foucher
  • The Nature and Scope of Section 23
  • Statutory Schemes Providing for Minority Language Instruction
Private Law of Language Robert Leckey and Emmanuel Didier
  • Constitutional and Quasi-Constitutional Protections of Freedom of Expression
  • Legislative Regimes Respecting Language in the Private Sector
The Enforcement of Language Rights Mark Power and André Braën
  • Certain Avenues for the Protection, Enforcement and Implementation of Language Rights
  • Litigating Language Rights in Canada
  • Constitutional Remedies
  • Implementation and Enforcement of Statutory Language Rights
The Principle of Equality of the Official Languages Nicole Vaz
  • The Idea of Equality
  • The Application of Subsection 15(1) and Section 27 of the Canadian Charter of Rights and Freedoms to Language
  • Quebec's Two Charters
  • The Application of Section 16.1 and Subsection 16(3) of the Canadian Charter of Rights and Freedoms
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