Jones v. Attorney General of New Brunswick
Encyclopedia
Jones v. New Brunswick (1974), [1975] 2 S.C.R. 182 is a leading decision of the Supreme Court of Canada
on the protection of language rights under the Canadian Constitution
. The Mayor of Moncton, Leonard Jones
, challenged the federal Official Languages Act
, which made both French and English the official languages of the institutions of the federal government. Jones argued that the subject matter of the law fell outside the constitutional jurisdiction of the federal government.
The Court upheld the constitutional validity of the Official Languages Act, finding that the subject matter of the law related to the administration of Parliamentary institutions and therefore was within the authority of the federal government under the peace, order and good government
power of the Constitution Act, 1867
.
In essence, the Supreme Court was ruling that "the language guarantees set forth in the Constitution represented a minimum protection and did not stop Parliament or the provincial legislatures from adopting more generous language regimes."
In its 1986 ruling in Société des Acadiens v. Association of Parents
, the Supreme Court stated that the principle that elected governments can enhance language rights, had been constitutionalized in 1982 under the terms of section 16(3)
of the Canadian Charter of Rights and Freedoms
.
Supreme 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...
on the protection of language rights under the Canadian Constitution
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
. The Mayor of Moncton, Leonard Jones
Leonard Jones
Leonard C. Jones was a Canadian lawyer and politician, who served as mayor of the city of Moncton, New Brunswick between 1963 and 1974, and Member of Parliament for the constituency of Moncton between 1974 and 1979....
, challenged the federal Official Languages Act
Official Languages Act (Canada)
The Official Languages Act is a Canadian law that came into force on September 9, 1969, which gives English and French equal status in the government of Canada. This makes them "official" languages, having preferred status in law over all other languages...
, which made both French and English the official languages of the institutions of the federal government. Jones argued that the subject matter of the law fell outside the constitutional jurisdiction of the federal government.
The Court upheld the constitutional validity of the Official Languages Act, finding that the subject matter of the law related to the administration of Parliamentary institutions and therefore was within the authority of the federal government under the peace, order and good government
Peace, order and good government
In many Commonwealth jurisdictions, the phrase "peace, order and good government" is an expression used in law to express the legitimate objects of legislative powers conferred by statute...
power of 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...
.
In essence, the Supreme Court was ruling that "the language guarantees set forth in the Constitution represented a minimum protection and did not stop Parliament or the provincial legislatures from adopting more generous language regimes."
In its 1986 ruling in 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...
, the Supreme Court stated that the principle that elected governments can enhance language rights, had been constitutionalized in 1982 under the terms of section 16(3)
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...
of the Canadian Charter of Rights and Freedoms
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...
.