Name ________________________________ Date ___________________________ Activity 4.2 Key
What Collective Rights Do Official Language Groups Have Under the Charter?
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I can explain what collective rights official language groups have under the Charter.
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What are official language minorities?
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Official language minorities are those people who do not speak the language of the majority in a province.
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Ex. Francophone outside of Quebec, Anglophone inside Quebec
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Une Eleve Parle
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The CCRF section 23 rights enables official language minorities a right to an education in their language provided the numbers warrant it. (enough students)
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Francophone schools affirm the identity of French Canadians. (recognized, respected, protected)
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What is a Francophone School?
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Francophones schools provide education for a student whose first language is French and differs from immersion schools who teach Anglophone students in French.
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Living en Anglais
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In Quebec City, only 5% of the population is Anglophone and Quebec High offers instruction in English and functions in a similar fashion as Francophone schools in Alberta.
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What are the Charter rights of official language groups?
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Official bilingualism – Sections 16 to 20
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Minority language education rights – Section 23 ensures publicly funded schools for officially bilingual language groups where numbers are sufficient.
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The rights of Francophones in Canada today reflect the deep roots of Francophones in Canada’s past.
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How has the Charter affected Francophone education?
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Where do the Charter rights of official language groups come from?
Charter rights for the official language groups come from the BNA Act of 1867 whereby, Canada was established as a bicultural and bilingual nation (Parliament). Moreover, it guaranteed the English speaking Protestant minority in Quebec and the French speaking Catholic minority in the rest of Canada the right to public schools.
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Did YOU KNOW?
Two legislations called into question the right of official language minorities:
Haultain Resolution and North-West Territories Ordinance Number 22
The resolution made the Territories’ assembly officially English and the ordinance demanded that school instruction would be in English.
Manitoba School Act, 1892
Got rid of publicly funded Catholic Schools and made Manitoba an officially Anglophone province.
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The Charter and Official Language Minority Education Rights
When the Constitution was brought home by Trudeau in 1982, the federal government renewed its commitment to official language rights by the enactment of section 23 of the Charter of Rights and Freedoms.
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The Charter and Francophone Education rights in Alberta
In Alberta, the section 23 has affected Francophone Schools and its boards. First, by 1983, parents begin to lobby for official minority language schools. Today there are 26 Francophone schools in the province. Next, in 1990, the Supreme Court affirms a Francophone parent challenge to establish Francophone school boards. Today, there are 25 Francophone school boards outside of Quebec.
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Putting Francophone Rights into Action
To put your rights into action you first need to understand them and then educate people as to what they mean. In the case of section 23 of the Charter this put some people’s noses out of joint but it was essential to maintaining a Francophone identity. The majority of people don’t require official supports to maintain their identity because they are already there. However, minorities require these supports to avoid being assimilated which allows them the chance to legitimize their cultural identity.
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How does the Charter affect Francophone identity in Quebec?
Quebec through it introduction of Bill 101 sought to stop businesses from using English on their signs and to prevent immigrant and Francophones from attending any schools other than Francophone. The Supreme Court, under Freedom of expression allowed English to appear on signs in a less prominent way than French on business signs. Next, it ruled against immigrants seeking Anglophone schools sighting section 23 which intent is to protect Francophone identity however, if the immigrant already had English educational instruction they could continue it.
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