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La loi vos droits
Clientele : Citizens Subject : Language Rights Support Program Print date : May 22nd, 2012

Citizens
Language Rights Support Program
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Marie Dufour is a French-speaking Canadian living in Calgary, Alberta. Her daughter goes to a French school. Marie is unhappy because the school is overcrowded and doesn’t offer all the services of English schools nearby.

Marie and other parents want the government to expand the school and improve its services. They have tried speaking to government officials, but it hasn’t worked. The parents heard they might be able to get money from the Language Rights Support Program to support their cause.

In this Infosheet, Éducaloi explains the Language Rights Support Program, which promotes rights relating to Canada’s official languages, English and French.
The Language Rights Support Program (LRSP) was created and is funded by the federal government in Ottawa.

The LRSP has 3 parts:

  1. Educating the public about rights protected by Canada’s Constitution that deal with the country’s two official languages – English and French. This is done by giving presentations and providing money for studies and public information projects.

  2. Providing financial help to settle disagreements over language rights using “alternative dispute resolution” (ADR).

    ADR means settling a dispute using a method other than going to court. To learn more about ADR, consult our Infosheet Alternative Ways of Resolving Disputes.

  3. Providing financial help to individuals and groups to take cases to court that deal with official language rights protected by Canada’s Constitution.

The LRSP places a special emphasis on the rights of official language minority communities: the English-speaking community in Quebec and French-speaking communities outside Quebec.
The Constitution is a collection of laws that apply across Canada. These laws form the foundation of the country and how it is governed.

For example, the Constitution says how responsibilities in various areas (unemployment insurance, the postal service, printing money, etc.) are divided between the federal government in Ottawa and the provinces.

The Constitution also protects human rights, such as freedom of expression and religion, and rights regarding the use of Canada’s official languages – English and French. These are sometimes called “official language rights”.

Here are examples of official language rights protected by the Constitution:

  • The right to use English or French before any Quebec court
  • Subject to some conditions, the right of citizens who are part of the English or French-speaking minority of a province to receive an elementary and high school education in their language.
  • The right to receive services in English or French when dealing with the federal government, subject to some limits.

All other laws in Canada must respect what the Constitution says about how the country should be governed and the rights it protects. Governments in Canada (departments, agencies, etc.) must also respect the Constitution.
Studies


Individuals and non-profit groups that want to do studies on the impact of a proposed law, a proposed change to the Constitution, an existing law or a decision by a Canadian court. The study must relate to official language rights protected by the Constitution.

Information Projects


Individuals and non-profit groups that want to inform the public about official language rights protected by the Constitution. The project could involve, for example, creating printed materials, radio scripts or videos.
The current maximum available for a study is $5,000. Note that this amount could change over time.

There is currently no set maximum for public information projects.
Alternative dispute resolution (ADR) means trying to solve a disagreement using methods other than going to court.

The LRSP funds several types of ADR, including using the services of an outside person skilled in settling disagreements, called a “mediator”.

The following people are eligible for funding for ADR:

  • Individuals who believe their constitutional language rights have not been respected.

  • A group representing an official language community in Canada or one of the community’s institutions. For example, a group representing the English-speaking community in Quebec.

You should know that for-profit businesses are not eligible for funding.

Also, you can only apply for one type of ADR method per case.

Remember also that your case must deal with official language rights protected by the Constitution. To learn more, see the question “What is the Constitution and what kinds of language rights does it protect?” This means that cases dealing with a provincial or territorial law or policy, or the Official Languages Act do not qualify because these are not part of the Constitution.
The maximum is $20,920 for preparation, meetings and administrative costs.
The ADR professional (facilitator, mediator, etc.) can be paid up to $5,420 for their fees and travel.

Note that these amounts could change over time.
  • Individuals who believe their constitutional language rights have not been respected.

  • A group representing an official language community – English or French - or one of the community’s institutions.

  • “Intervenors”, who are people or groups not directly involved in a case in progress who want to get permission from a court to join it.

    Intervenors must show they will raise important and serious arguments not being made by the other people involved in the case and that these arguments will help settle the legal issues involved. Also, if the intervenors are a group, the group must represent an official language community in Canada.

Note that for-profit businesses are not eligible.

Also, the individual or group must have tried to settle the problem using ADR, but failed. The obligation to first try ADR does not apply to intervenors, to cases that were started between September 26, 2006 and December 22, 2009, or to cases that are appeals. An appeal is when a person or group involved in a court case is not happy with the court’s decision and tries to have the decision changed by a higher court.
Cases that meet all these tests:

  • Cases dealing with official language rights protected by the Constitution. (For more on this, see the question “What is the Constitution and what kinds of language rights does it protect?”) This means that cases dealing with language rights or policies under provincial or territorial laws or under the Official Languages Act do not qualify, because these are not part of the Constitution.

  • The case raises either a new legal question or one that has not been completely settled by Canadian courts.

  • The case is important enough to have an impact on the lives of Canadians.

  • The case will help advance and promote linguistic rights relating to Canada’s two official languages.
Individual or group bringing a case:


For a first court case: up to $125,000.

For appeals: up to $35,000.

An appeal is when a person or group is not satisfied with the first court decision and asks a higher court to change the decision.

Intervenors:


For the cost of asking the court for permission to be involved in a court case: up to $10,000.

For the cost of actually being involved in the case: up to $40,000.

These amounts could change over time.
Here are a few examples:

  • Negotiations between French-language school boards outside Quebec and provincial governments regarding the quality of French-language schools.

  • Court cases to decide who has the power to decide which students can go to minority-language schools – minority language school boards or provincial governments.

  • A study on the impact of a court decision regarding access to English schools in Quebec.
The decisions are made by an expert group of 9 people from different parts of Canada. They meet 4 times a year to review applications.
There is no formal application form. To apply, you must send a letter explaining how your study, project or case meets the criteria discussed in the other questions in this Infosheet.

You must also submit a “Budget Estimate Form”, which you can find on the LRSP website.

You can send your documents by email, messenger or regular mail, or deliver them in person.

For the address and contact information for the LRSP, check the website or call 613-562-5702.

If you have any questions, contact the program’s staff.
Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professional.
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Éducaloi does not provide any legal advice or counseling. The information contained in its website constitutes a general source of information and does not in any way replace the services of a lawyer or notary.
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