Language rights have to do with the equal and predominant status of English and French in Canada. Their goal is to maintain and favour the development of the two linguistic communities that founded the country. Although language rights apply to Anglophones and Francophones throughout the country, people tend to think of them mostly in a linguistic minority context.

It is a group of persons who speak one of the official languages of Canada in a province where the other official language is predominant. For example, Franco-Manitobans are a linguistic minority. So are Anglo-Quebecers.

They are protected in many ways. First and foremost, language rights can be found in the Canadian Constitution and the Canadian Charter of Rights and Freedoms. The combined effect of these two laws is to grant every citizen the right to use French or English in any pleading or process before federal and Quebec courts and in any communication with federal departments and agencies. Also, Canada’s laws and regulations have to be published in both official languages, each version being equally valid.

The Official Languages Act also sets out certain language rights. It provides that Anglophones and Francophones have the right to be served in their own language when dealing with the federal administration and its various offices in those geographic areas where there is a significant demand for such services. It also ensures that both Anglophones and Francophones have equal access to jobs in the federal civil service.

The Criminal Code provides that an accused has the right to be tried before a judge and jury who understand his language without an interpreter. For more information on this aspect of language rights, see our Infosheet entitled Choice of a trial language in criminal matters.

Only the federally-enacted ones. For example, the choice of language in a criminal trial is available to Anglophones and Francophones from coast to coast, because criminal law falls under federal jurisdiction.

The different treatment given to language rights in each province flows from the Constitution. The Constitution divides powers between the federal and provincial governments and sets out the sectors in which each level of government may enact laws. According to these constitutional limits, provinces may make their own rules with regard to health, education, administration of justice, etc. The only provinces to have laws and parliamentary debates published and/or conducted bilingually are Quebec, Manitoba and New Brunswick.

No. The Charter of the French Language (better known as "Bill 101") confirms the constitutional right of using either French or English in any pleading or process before the courts. It actually goes further than the Constitution, by guaranteeing the free translation of any judgment from English to French, or vice versa, at the request of one of the parties. In some cases, the judge may have his decision translated even before it is officially released.

Also, as mentioned above, an accused may choose English as the language of trial. People who have been granted an acquittal or pardon in the case of criminal charges may ask that their file be translated to have proof of their good conduct for American Customs.

The Ministère de la justice du Québec will provide an interpreter to an accused who wants to testify in his own language or does not understand the language used by a witness. However, such free services are limited to criminal cases. In civil matters, as in all other provinces, you have to pay for your own interpreter.