Section Nineteen of the Canadian Charter of Rights and Freedoms
Encyclopedia
Section Nineteen 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 language
s, English and French. Like section 133 of the Constitution Act, 1867
, section 19 allows anyone to speak English or French in federal courts
. However, only section 133 extends these rights to Quebec
courts, while section 19 extends these rights to courts in New Brunswick
. New Brunswick is the only officially bilingual province under section 16
of the Charter.
language rights in New Brunswick courts. Still, the wording of section 19(2) follows section 133 more closely than section 13(1). In the 1986 Supreme Court
case Société des Acadiens v. Association of Parents
, Justice Jean Beetz
found this to be significant. Since section 133 rights are limited, constitutional language rights in New Brunswick courts are more limited than rights under section 13(1).
Section 13(1) reads,
Under section 23 of the Manitoba Act
, people in Manitoba
courts have rights similar to those in section 133. Hence, New Brunswick, Manitoba, and Quebec are the only provinces whose court systems constitutionally must provide such rights.
Section 19(2) was controversial when the Charter was being negotiated. The Barristers' Society of New Brunswick considered the proposed provision and argued that over 90% of New Brunswick lawyers spoke only English and the section might emphasize the language of lawyers more so than their clients.
found in sections 7
and 14
of the Charter. Since this is a right established under fundamental justice and not the official language provisions, it was a right belonging to anyone regardless of whether they speak English, French or a non-official language. This interpretation was influenced by past interpretations of section 133, including the interpretation of similar language rights in the Parliament of Canada
found in section 133 and section 17 of the Charter
.
This interpretation of section 19 has been disputed. In the same case, Chief Justice
Brian Dickson
and Justice Bertha Wilson
both found that a right to be understood by a judge regardless of whether one chooses to speak English or French could be found in the penumbra of section 19.
However, the restrictive interpretation of language rights in Société des Acadiens was largely overturned in R. v. Beaulac
.
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...
that addresses rights relating to 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 and French. Like section 133 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...
, section 19 allows anyone to speak English or French in federal 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....
. However, only section 133 extends these rights to 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....
courts, while section 19 extends these rights to courts in 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...
. New Brunswick is the only officially bilingual province under 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...
of the Charter.
Text
Section 19 reads,Background
Section 19 is based on rights in section 133 of the Constitution Act, 1867. Section 133 provides that "either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec." However, unlike section 133, section 19(2) extends these rights to courts in New Brunswick. This was not entirely new, as section 13(1) of the Official Languages of New Brunswick Act (1973) provided for statutoryStatute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
language rights in New Brunswick courts. Still, the wording of section 19(2) follows section 133 more closely than section 13(1). In the 1986 Supreme Court
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...
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...
, Justice Jean Beetz
Jean Beetz
Jean-Marie Philémon Joseph Beetz, was a Canadian jurist and puisne justice of the Supreme Court of Canada....
found this to be significant. Since section 133 rights are limited, constitutional language rights in New Brunswick courts are more limited than rights under section 13(1).
Section 13(1) reads,
Under section 23 of the Manitoba Act
Manitoba Act
The Manitoba Act, originally titled An Act to amend and continue the Act 32 and 33 Victoria, chapter 3; and to establish and provide for the Government of the Province of Manitoba, is an act of the Parliament of Canada that is defined by the Constitution Act, 1982 as forming a part of the...
, people in Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
courts have rights similar to those in section 133. Hence, New Brunswick, Manitoba, and Quebec are the only provinces whose court systems constitutionally must provide such rights.
Section 19(2) was controversial when the Charter was being negotiated. The Barristers' Society of New Brunswick considered the proposed provision and argued that over 90% of New Brunswick lawyers spoke only English and the section might emphasize the language of lawyers more so than their clients.
Interpretation
In Société des Acadiens, Justice Beetz ruled that section 19 of the Charter and section 133 of the Constitution Act, 1867 established a right to speak in either English or French. However, neither section went so far as to guarantee a person speaking in either English or French would be understood by the judge or judges. Under these sections it would be possible for a judge who understood only one of the two languages to preside over a case in which someone chose to speak the other language. Beetz did not want such a situation, however, and felt that the right to be understood was protected by basic principles of fundamental justiceFundamental justice
Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the...
found in sections 7
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
and 14
Section Fourteen of the Canadian Charter of Rights and Freedoms
Section Fourteen of the Canadian Charter of Rights and Freedoms is the last section under the "Legal rights" heading in the Charter. It provides anyone in a court the right to an interpreter if the person does not speak the language being used or is deaf.-Text:The section states:-Background:Before...
of the Charter. Since this is a right established under fundamental justice and not the official language provisions, it was a right belonging to anyone regardless of whether they speak English, French or a non-official language. This interpretation was influenced by past interpretations of section 133, including the interpretation of similar language rights in the Parliament of Canada
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...
found in section 133 and section 17 of the Charter
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...
.
This interpretation of section 19 has been disputed. In the same case, Chief Justice
Chief Justice of Canada
The Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory...
Brian Dickson
Brian Dickson
Robert George Brian Dickson, , commonly known as Brian Dickson, was appointed Chief Justice of Canada on April 18, 1984. He retired on June 30, 1990 and died October 17, 1998.-Career:...
and 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:...
both found that a right to be understood by a judge regardless of whether one chooses to speak English or French could be found in the penumbra of section 19.
However, the restrictive interpretation of language rights in Société des Acadiens was largely overturned in R. v. Beaulac
R. v. Beaulac
R. v. Beaulac [1999] 1 S.C.R. 768 is a decision by the Supreme Court of Canada on language rights. Notably, the majority adopted a liberal and purposive interpretation of language rights in the Canadian Charter of Rights and Freedoms, overturning conservative case law such as Société des Acadiens...
.
External links
- Overview of section 19 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