|
MINISTER STÉPHANE DION HIGHLIGHTS THE MERITS OF A
FRAMEWORK FOR LANGUAGE RIGHTS THAT IS BOTH SYMMETRICAL AND ASYMMETRICAL
MONCTON, NEW BRUNSWICK, February 15, 2002 – In a speech delivered
today at the "Symposium on Linguistic Rights", as part of the joint
meeting of the Canadian Bar Association Council and its New Brunswick Branch,
the Honourable Stéphane Dion, President of the Privy Council and Minister of
Intergovernmental Affairs, stated that the best way to afford equal
consideration to all Canadians with respect to language rights is to start from
the principle that rights ought to be symmetrical unless circumstances call for
asymmetrical treatment for reasons of fairness. "Justice does not mean
offering one and all exactly the same thing regardless of the needs of each,"
Mr. Dion maintained.
The Minister first noted the asymmetry that exists in practice between the
situations of Canadians in terms of official languages, depending on whether
they are Anglophones or Francophones, in Quebec or elsewhere in Canada.
Asserting that "the social cohesion of the country calls for all to make
the interests of each their own, and for the Anglophone majority in particular
to take the cause of the Francophone minority to heart", he pointed out
that this solidarity is felt by a growing majority of Canadians. Mr. Dion added
that to promote linguistic solidarity and to ensure the vitality of
official-language minorities, it is necessary to have the support of laws,
courts and governments.
The Minister then emphasized that "this vulnerable situation of
French requires the advancement of the legal symmetry of the two languages,"
given the North American context. He referred to major changes that, since the
federal Official Languages Act came into force in 1969, have advanced
this legal symmetry within the Government of Canada as well as in some
provinces. Mr. Dion recognized, moreover, that much remains to be done in this
area.
Mr. Dion continued by underlining the need, in certain circumstances and
under certain conditions, of an asymmetrical application of language rights to
ensure that justice prevails. He noted that two forms of legal asymmetry have
appeared in recent decades with the objective of compensating for the
vulnerability of French or official-language minorities.
One of these forms of asymmetry has "the objective of protecting
French in Quebec," the Minister specified, citing the example of Quebec’s
Charter of the French Language as well as certain provisions of the Canadian
Charter of Rights and Freedoms. The other form of legal asymmetry "is
designed to compensate for the vulnerability of a number of our linguistic
communities and of French in general," he noted, adding that it stems
from the dynamic and liberal case law established over time by the Supreme Court
of Canada. Mr. Dion offered examples
of decisions that take account of the specific context of official-language
minority communities.
Finally, the Minister stated that, contrary to what some believe, the federal
government’s language policy is not "strictly symmetrical and blind to
the circumstances." He contended that this language policy takes into
account the specificity of official-language minority communities, "be
it Canada-Community agreements or every federal-provincial-territorial agreement
for minority-language education, or second-language instruction, or promotion of
official languages, or for the delivery of public services relating notably to
the arts and culture, health, translation, language training, economic
development and legal services." In support of this statement, Mr. Dion
cited the example of the additional assistance that the Government of Canada
provides for the promotion of the French language and French-speaking cultures.
In conclusion, the Minister pointed out that a symmetrical and asymmetrical
application of language rights requires of Canadians both a will and generosity.
"Canada has inherited from its history the opportunity, the privilege
and the obligation to promote the French language and French-speaking cultures,"
he specified. And he expressed his conviction that "we, Canadians, will
rise to this challenge if we stay united and resolute and if we draw on the full
vitality of our official-language communities."
- 30 -
For information :
André Lamarre
Special Assistant
Tel: (613) 943-1838
Fax: (613) 943-5553
|
