Language Guarantees and the Power to Amend the Canadian Constitution
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Ishaq V Canada: “Social Science Facts” in Feminist Interventions Dana Phillips
Document generated on 09/25/2021 1:10 p.m. Windsor Yearbook of Access to Justice Recueil annuel de Windsor d'accès à la justice Ishaq v Canada: “Social Science Facts” in Feminist Interventions Dana Phillips Volume 35, 2018 Article abstract This article examines the role of social science in feminist intervener advocacy, URI: https://id.erudit.org/iderudit/1057069ar focusing on the 2015 case ofIshaq v Canada (Minister of Citizenship and DOI: https://doi.org/10.22329/wyaj.v35i0.5271 Immigration). InIshaq, a Muslim woman challenged a Canadian government policy requiring her to remove her niqab while reciting the citizenship oath. See table of contents The Federal Court of Appeal dismissed several motions for intervention by feminist and other equality-seeking organizations, emphasizing their improper reliance on unproven social facts and social science research. I argue that this Publisher(s) decision departs from the generous approach to public interest interventions sanctioned by the federal and other Canadian courts. More importantly, the Faculty of Law, University of Windsor Court’s characterization of the intervener submissions as relying on “social science facts” that must be established through the evidentiary record ISSN diminishes the capacity of feminist interveners to effectively support equality and access to justice for marginalized groups in practice. 2561-5017 (digital) Explore this journal Cite this article Phillips, D. (2018). Ishaq v Canada: “Social Science Facts” in Feminist Interventions. Windsor Yearbook of Access to Justice / Recueil annuel de Windsor d'accès à la justice, 35, 99–126. https://doi.org/10.22329/wyaj.v35i0.5271 Copyright (c), 2019 Dana Phillips This document is protected by copyright law. -
Wednesday, October 1, 1997
CANADA VOLUME 135 S NUMBER 008 S 1st SESSION S 36th PARLIAMENT OFFICIAL REPORT (HANSARD) Wednesday, October 1, 1997 Speaker: The Honourable Gilbert Parent CONTENTS (Table of Contents appears at back of this issue.) The House of Commons Debates are also available on the Parliamentary Internet Parlementaire at the followingaddress: http://www.parl.gc.ca 323 HOUSE OF COMMONS Wednesday, October 1, 1997 The House met at 2 p.m. Columbians are crying out for federal leadership and this govern- ment is failing them miserably. _______________ Nowhere is this better displayed than in the Liberals’ misman- Prayers agement of the Pacific salmon dispute over the past four years. The sustainability of the Pacific salmon fishery is at stake and the _______________ minister of fisheries sits on his hands and does nothing except criticize his own citizens. D (1400) Having witnessed the Tory government destroy the Atlantic The Speaker: As is our practice on Wednesday we will now sing fishery a few years ago, this government seems intent on doing the O Canada, and we will be led by the hon. member for Souris— same to the Pacific fishery. Moose Mountain. It is a simple case of Liberal, Tory, same old incompetent story. [Editor’s Note: Members sang the national anthem] This government had better wake up to the concerns of British Columbians. A good start would be to resolve the crisis in the _____________________________________________ salmon fishery before it is too late. * * * STATEMENTS BY MEMBERS TOM EDWARDS [English] Ms. Judi Longfield (Whitby—Ajax, Lib.): Mr. Speaker, I rise today to recognize the outstanding municipal career of Mr. -
OTT !~ LEI 7Une/Futy 1995 ,-Dedicated to `Preserving Our Budt .Heritage
Estabtished in x967 Votume 22, No . x, HERITAGE r~ Celebrating our 20 year ~OTT !~ LEI 7une/futy 1995 ,-Dedicated to `Preserving Our Budt .Heritage Heritage Ottawa's New President Membership Alert! by Louise Goatee Call it summer malaise, call it mailbox Dear Heritage Activist, years. It has been great fun to set up an overload . What ever the reason, "Interiors Symposium", stage lectures on Heritage Ottawa's membership rolls I would like to inform you that Heritage preservation, help organize the auction of need rejuvenating! If each recipient of Ottawa has a new president! this newsletter introduced ONE NEW architectural drawings, gather members to MEMBER, we would meet the obliga- Jennifer Rosebrugh has been a member of rally and share ideas with others on the tions of our (shoe-string) 1995 budget Heritage Ottawa for years and has recently future of our past . I have met a great many and continue the fight to protect working abroad . She who share the passion to save, care returned home from people Ottawa's built heritage. Can you help Canada's historical is very interested in the conservation of for and make use of spread the word? Friends, neighbours, heritage architecture and has already architecture . While there are many fasci- colleagues... We need YOUR assistance. proved to be a willing and capable mem- nating aspects to the heritage field, I feel Annual dues are $15 .00 (student/senior), ber of the heritage community. Jennifer Heritage Ottawa's primary role is still to $20 .00 for individuals, $25 .00 for a fami- was one of the stronger voices who man- prevent any further demolition of our older ly and $50 .00 for a patron membership . -
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Petroglyphs in Writing-On- “Language has always LANGUAGE POLICY & Stone Provincial 1774 Park, Alberta, The Quebec Act is passed by the British parliament. To Message been, and remains, RELATIONS IN CANADA: (Dreamstime.com/ TIMELINE Photawa/12622594). maintain the support of the French-speaking majority to Teachers at the heart of the in Québec, the act preserves freedom of religion and canadian experience.” reinstates French civil law. Demands from the English This guide is an introduction to the Official Languages Graham Fraser, minority that only English-speaking Protestants could Act and the history of language policy in Canada, and Time immemorial vote or hold office are rejected. former Commissioner is not exhaustive in its coverage. The guide focuses An estimated 300 to 450 languages are spoken of Official Languages primarily on the Act itself, the factors that led to its Flags of Québec and La Francophonie, 2018 by Indigenous peoples living in what will become (2006-2016) (Dreamstime.com/Jerome Cid/142899004). creation, and its impact and legacy. It touches on key modern Canada. The Mitred Minuet (courtesy moments in the history of linguistic policy in Canada, Library and though teachers may wish to address topics covered 1497 Archives inguistic plurality is a cornerstone of modern Canadian identity, but the history of language in Canada/ e011156641). in Section 1 in greater detail to provide a deeper Canada is not a simple story. Today, English and French enjoy equal status in Canada, although John Cabot lands somewhere in Newfoundland or understanding of the complex nature of language Lthis has not always been the case. -
Language Planning and Education of Adult Immigrants in Canada
London Review of Education DOI:10.18546/LRE.14.2.10 Volume14,Number2,September2016 Language planning and education of adult immigrants in Canada: Contrasting the provinces of Quebec and British Columbia, and the cities of Montreal and Vancouver CatherineEllyson Bem & Co. CarolineAndrewandRichardClément* University of Ottawa Combiningpolicyanalysiswithlanguagepolicyandplanninganalysis,ourarticlecomparatively assessestwomodelsofadultimmigrants’languageeducationintwoverydifferentprovinces ofthesamefederalcountry.Inordertodoso,wefocusspecificallyontwoquestions:‘Whydo governmentsprovidelanguageeducationtoadults?’and‘Howisitprovidedintheconcrete settingoftwoofthebiggestcitiesinCanada?’Beyonddescribingthetwomodelsofadult immigrants’ language education in Quebec, British Columbia, and their respective largest cities,ourarticleponderswhetherandinwhatsensedemography,languagehistory,andthe commonfederalframeworkcanexplainthesimilaritiesanddifferencesbetweenthetwo.These contextualelementscanexplainwhycitiescontinuetohavesofewresponsibilitiesregarding thesettlement,integration,andlanguageeducationofnewcomers.Onlysuchunderstandingwill eventuallyallowforproperreformsintermsofcities’responsibilitiesregardingimmigration. Keywords: multilingualcities;multiculturalism;adulteducation;immigration;languagelaws Introduction Canada is a very large country with much variation between provinces and cities in many dimensions.Onesuchaspect,whichremainsacurrenthottopicfordemographicandhistorical reasons,islanguage;morespecifically,whyandhowlanguageplanningandpolicyareenacted -
We Are French. Et Anglais Nous Restons
University of Massachusetts Amherst ScholarWorks@UMass Amherst Masters Theses Dissertations and Theses August 2014 We Are French. Et Anglais Nous Restons. Alison Jane Bowie University of Massachusetts Amherst Follow this and additional works at: https://scholarworks.umass.edu/masters_theses_2 Part of the Cultural History Commons, Dramatic Literature, Criticism and Theory Commons, Fine Arts Commons, French and Francophone Literature Commons, Other Languages, Societies, and Cultures Commons, Other Theatre and Performance Studies Commons, Performance Studies Commons, Playwriting Commons, Race, Ethnicity and Post-Colonial Studies Commons, and the Theatre History Commons Recommended Citation Bowie, Alison Jane, "We Are French. Et Anglais Nous Restons." (2014). Masters Theses. 4. https://doi.org/10.7275/5415302 https://scholarworks.umass.edu/masters_theses_2/4 This Open Access Thesis is brought to you for free and open access by the Dissertations and Theses at ScholarWorks@UMass Amherst. It has been accepted for inclusion in Masters Theses by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. ! ! We Are French. Et Anglais Nous Restons. Rethinking translation and adaptation for the stage as a tool for affecting bicultural and bilingual identity through an analysis and the practice of translating and adapting Armand Leclaire's 1916 ! play Le petit maître d'école ! ! ! ! A Thesis Presented By ALISON JANE BOWIE ! ! ! Submitted to the Graduate School of the University of -
The Roots of French Canadian Nationalism and the Quebec Separatist Movement
Copyright 2013, The Concord Review, Inc., all rights reserved THE ROOTS OF FRENCH CANADIAN NATIONALISM AND THE QUEBEC SEPARATIST MOVEMENT Iris Robbins-Larrivee Abstract Since Canada’s colonial era, relations between its Fran- cophones and its Anglophones have often been fraught with high tension. This tension has for the most part arisen from French discontent with what some deem a history of religious, social, and economic subjugation by the English Canadian majority. At the time of Confederation (1867), the French and the English were of almost-equal population; however, due to English dominance within the political and economic spheres, many settlers were as- similated into the English culture. Over time, the Francophones became isolated in the province of Quebec, creating a densely French mass in the midst of a burgeoning English society—this led to a Francophone passion for a distinct identity and unrelent- ing resistance to English assimilation. The path to separatism was a direct and intuitive one; it allowed French Canadians to assert their cultural identities and divergences from the ways of the Eng- lish majority. A deeper split between French and English values was visible before the country’s industrialization: agriculture, Ca- Iris Robbins-Larrivee is a Senior at the King George Secondary School in Vancouver, British Columbia, where she wrote this as an independent study for Mr. Bruce Russell in the 2012/2013 academic year. 2 Iris Robbins-Larrivee tholicism, and larger families were marked differences in French communities, which emphasized tradition and antimaterialism. These values were at odds with the more individualist, capitalist leanings of English Canada. -
The New Brunswick Schools Question
CCHA Study Sessions, 37(1970), 85-95 The New Brunswick Schools Question by Peter M. TONER Section 93 of the British North America Act has probably caused more bitterness than any other article of Confederation. This was the section which theoretically guaranteed protection for the education of religious minorities of the various provinces by extending federal protection over any schools operated in the interests of the Catholic minorities in most provinces, and the Protestant minority in Quebec. Without question, the Manitoba Schools Question was the most famous dispute regarding education in Canada’s history, with Regulation 17 of Ontario ranking second. It has been common in the past for historians of either controversy to cite the problem of Catholic schools in New Brunswick as the first example of an Anglo-Saxon provincial government defying the spirit of Section 93 and, by so doing, trample on the rights of French-Canadians. Writing in the Journal of Canadian Studies,1 Professor W. L. Morton used the question of New Brunswick schools as the first step in the destruction of the principle of centralization in the “Macdonald Constitution”. However, he asserted that denominational schools, almost by virtue of definition, implied teaching through the medium of French, thus making any question involving Catholic schools a question of language as well.2 The New Brunswick Schools Question, because it involved Catholic schools, a portion of the Acadian people of the Maritimes, an d provincial rights, was therefore the precedent for the later crisis in Manitoba and Ontario. In the course of a reply to Prof. -
Railroad Crossings: the Transnational World of North
RAILROAD CROSSINGS: THE TRANSNATIONAL WORLD OF NORTH AMERICA, 1850-1910 By Christine Ann Berkowitz A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Graduate Department of History University of Toronto © Copyright by Christine Ann Berkowitz 2009. RAILROAD CROSSINGS: THE TRANSNATIONAL WORLD OF NORTH AMERICA, 1850-1910 By Christine Ann Berkowitz Doctor of Philosophy, Graduate Department of History, University of Toronto, 2009 ABSTRACT The last quarter of the nineteenth century is often referred to as the “Golden Age” of railroad building. More track was laid in this period in North America than in any other period. The building of railroads was considered synonymous with nation building and economic progress. Railway workers were the single largest occupational group in the period and among the first workers to be employed by large-scale, corporately owned and bureaucratically managed organizations. While there is a rich historiography regarding the institutional and everyday lives of railway workers and the corporations that employed them, the unit of analysis has been primarily bounded by the nation. These national narratives leave out the north-south connections created by railroads that cut across geo-political boundaries and thus dramatically increasing the flows of people, goods and services between nations on the North American continent. Does the story change if viewed from a continental rather than national perspective? Railroad Crossings tells the story of the people and places along the route of the Grand Trunk Railroad of Canada between Montreal, Quebec and Portland, Maine and the Atchison, Topeka and Santa Fe Railroad (and later of the Southern Pacific) between Benson, Arizona and Guaymas, Sonora. -
Yes, Your Tweet Could Be Considered Hate Speech,Ontario's
“Equitable Compensation” for a Breach of the Crown’s Fiduciary Duty Towards First Nations The Crown has a fiduciary relationship with Indigenous Peoples. What remedy do Indigenous Peoples have when the Crown breaches its fiduciary duty? The Supreme Court of Canada recently addressed this question in Southwind v Canada, which involved a breach that occurred nearly 100 years ago. In February 1928, the Governments of Canada, Ontario, and Manitoba entered into an agreement to dam Lac Seul in order to generate electricity for the growing city of Winnipeg.[1] The governments planned to raise the water level of Lac Seul by ten feet, which they knew would cause “very considerable” damage to the Lac Seul First Nation (LSFN), whose Reserve was — and still is — located on the southeastern shore of the lake.[2] When the dam was built, “[a]lmost one-fifth of [LSFN’s] best land was flooded and … [LSFN’s] members were deprived of their livelihood, robbed of their natural resources, and driven out of their homes.”[3] LSFN was not consulted on either the project itself,[4] or on the adequacy of the $50,000 compensation package that Canada and Ontario paid into the LSFN’s trust account in 1943.[5] As a general rule, the Crown owes a fiduciary duty towards an Indigenous group when it “assumes discretionary control over a specific Aboriginal interest.”[6] The Crown breached its duty in the Lac Seul dam project.[7] In this case, the remedy for the breach was “equitable compensation,” which the trial judge calculated according to what the Crown would have owed the LSFN under the laws of expropriation in 1929, when the breach occurred.[8] Mr Southwind, who was acting on behalf of the members of the LSFN, disagreed with this calculation and argued that the trial judge failed to consider the doctrine of equitable compensation in light of the constitutional principles of the honour of the Crown and reconciliation.[9] On July 16th, 2021, the Supreme Court ruled on Mr Southwind’s appeal. -
Prayers, Petitions, and Protests: the Catholic Church and the Ontario Schools Crisis in the Windsor Border Region, 1910-1928'
H-Canada Glassford on Cecillon, 'Prayers, Petitions, and Protests: The Catholic Church and the Ontario Schools Crisis in the Windsor Border Region, 1910-1928' Review published on Tuesday, August 30, 2016 Jack D. Cecillon. Prayers, Petitions, and Protests: The Catholic Church and the Ontario Schools Crisis in the Windsor Border Region, 1910-1928. Montreal: McGill-Queen's University Press, 2013. 404 pp. $110.00 (cloth), ISBN 978-0-7735-4161-0. Reviewed by Larry Glassford (University of Windsor)Published on H-Canada (August, 2016) Commissioned by Corey Slumkoski Two Language Groups Warring in the Bosom of a Single Church: The Case of the Windsor Border Region, 1910-1928 As the mayor of Ford City, a new industrial suburb near Windsor, Ontario, attempted to read the Riot Act (1714) on the steps of Our Lady of the Lake Catholic Church, he was mocked and jeered by scores of angry parishioners. Meanwhile, on the verandah of the nearby rectory, a dozen elderly women swung brooms and sticks at billly-club-wielding police officers who were seeking to force their entry into a side door of the blockaded building. Moments earlier, the loud ringing of the church bells had summoned a multigenerational crowd of nearly three thousand neighborhood residents, determined to prevent the entry of Father Francois-Xavier Laurendeau, newly appointed priest for the parish, and Father Denis O’Connor, a diocesan official. A tense standoff between a dozen police officers and many hundreds of normally law-abiding citizens had been broken moments earlier, when the constables raised their billy clubs and even revolvers, and moved toward the blockaded doors. -
The Other Solitude
THE OTHER SOLITUDE Michel Doucet* It is a fact that New Brunswick’s two official linguistic communities don’t really know much about each other. There are many points of contact between francophones and anglophones in New Brunswick, but the two groups have not really been able to develop a real sense of understanding of each other. This is probably an overly simplistic conclusion to the relationship of the two communities in New Brunswick. Certainly from the Acadian community’s perspective, it is impossible to live in New Brunswick or in Canada and to ignore the presence of the anglophone community. The anglophone community is present in almost eveiy aspect of the francophone community’s daily life: they watch English-language television; they listen to English-language radio; they read the English press every day; they watch English-language movies; there are English expressions on the billboards all over the province, including predominant francophone regions, and English is the language of business and on the streets in many francophone areas of New Brunswick. In some cases, the presence of the English language and culture is so pervasive in the francophone community that it needs to shelter itself from them, a situation which immediately feeds into the misunderstanding between the two communities. Take, for example, the policies of many French-language schools in New Brunswick to ban the use of English during school hours. This is not well understood in the English community, while in the French community, people believe that sometimes it is necessary to adopt such policies in order to protect and preserve the French language.