Minority Official Language Rights

1. Education Rights Minority Official Language Rights

2. Presentation Outline • Legal Structure: Overview • Source – s.23 of the Charter • Eligibility Criteria • Summary • Questions and answers • Case studies

3. Legal Structure: Overview

4. Constitution Act, 1867 Sections 91 and 92

5. Legal Structure: Summary Constitutional Legislation • most permanent; enshrined; harder to change • applies to four categories across Canada: 3 in federal domain, one in the provincial domain Federal Legislation • topics listed in s.91 of CA 1867 Provincial Legislation • topics listed in s.92 of CA 1867 ; contain some language rights; varies, s.93 Municipal Legislation • varies

6. Minority Official Language Education Rights

7. Accessing Your Rights Issues to address: • Can you? How do you know? • If so, where, and how can you access it? • If not, should it be? What can you do to make that possible?

8. What was your past experience? • Examples? • Which? • How did you go about it? • Any challenges? • The result? • Left with any questions?

9. Source Section 23 Canadian Charterof Rights and Freedom Constitution Act

10. Section 23 of the Charter

11. s.23 of the Charter • Canadian citizens who are in the linguistic minority in their province/territory have the right for their children to be educated in the minority language. • Right to instruction in minority language • Does not guarantee how and where • There are criteria of eligibility

12. s.23 of the Charter (cont’d) Eligibility Criteria: • the first language of the parent is French and that he or she still understands French, or • the parent had his/her primary education in French. Once one child is enrolled in French school, all other children in that family may access French-language education (s.23(2)).

13. s.23 of the Charter (cont’d) Fulfillment of the right is dependent on all the factors considered together. • Key factor: sufficient number; • Other possible factors: space, money, distance to other schools, availability of transportation, exact number of potential students (really large number is different than ‘only just enough’) Results may vary.

14. s.23 of the Charter (cont’d) Sufficient number may result in: • a French-language school being built in a particular area; • French-language instruction within a larger English-language school, or • a right to be bused to a French-language school in another area; • parents having the right to establish a school board to manage and control delivery of minority language education ;

15. s.23 of the Charter (cont’d) s.23 represents a starting point • Each province/territory has the right to create education laws, or set conditions for access, to assert a Charter right to minority official language education. • Manitoba (Division scolairefranco-manitobaine) - a parent need only have received four years of schooling in the minority language .. • Other jurisdictions - a parent must have received a larger part of schooling in the minority language.

16. Summary • Only one parent needs to assert the right. • It is not the language spoken by the child that gives rise to the right, it is a parent’s right to register. • The right pertains to instruction. • Right pertains to public funds, i.e. public schools. • It is up to the school board to approve a French school or to bus the children.

17. Educates a child in mother tongue All instruction/school activities in French Preserves and promotes minority language and culture Protects the minority from assimilation Homogenous vs Immersion • Homogenous • Immersion • Educate a child in a second language • Instruction is split into 2 different languages • Encourages bilingualism • More chances of assimilation of minority

18. Questions?

19. Case Studies • Divide into groups. • Examine fact patterns. Refer to handouts. • Discuss. • Do you think there is a constitutionally-protected right to minority language homogeneous education? • If so, how would you have it fulfilled? What is reasonable? What would you argue? • Report back in 10 minutes.

20. Questions?

21. Thank you! For further information or training, contact us: info@cplea.ca