Official minority-language education policy outside Quebec: The impact of section 23 of the charter and judicial decisions

Canadian Public Administration

Volumn 46, Issue 1, 2003, Pages 27-49

  Riddell, Troy Q ^a  

^a UNIVERSITY OF GUELPH   (Canada)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0141532105     PISSN: 00084840     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1754-7121.2003.tb01578.x     Document Type: Article

References (73)

1. James B. Kelly, "Reconciling rights and federalism during review of the Charter of Rights and Freedoms: The Supreme Court of Canada and the centralization thesis, 1982-1999," Canadian Journal of Political Science 34, no. 2 (June 2001), p. 332.
2. For a description of Quebec's system, which was characterized as "by far the best minority language education system in Canada," see Michael Mandel, The Charter of Rights and the Legalization of Politics (Toronto: Thompson Educational Publishing, 1989), pp. 106-107. For a description of recent Section 23 litigation in Quebec, see Canada, Commissioner of Official Languages, School Governance: The Implementation of Section 23 of the Charter (Ottawa: Public Works and Government Services Canada, 1998), pp. 69-70.
3. For a description of Quebec's system, which was characterized as "by far the best minority language education system in Canada," see Michael Mandel, The Charter of Rights and the Legalization of Politics (Toronto: Thompson Educational Publishing, 1989), pp. 106-107. For a description of recent Section 23 litigation in Quebec, see Canada, Commissioner of Official Languages, School Governance: The Implementation of Section 23 of the Charter (Ottawa: Public Works and Government Services Canada, 1998), pp. 69-70.
4. Stacy Churchill, New Canadian Perspectives: Official Languages in Canada (Ottawa: Canadian Heritage, 1998), p. 31.
5. Council of Ministers of Education, Canada, The State of Minority Language Education in Canada (Toronto: CMEC, 1983), pp. 1-2.
6. Leslie Pal, Interests of State: The Politics of Language, Multiculturalism, and Feminism in Canada (Montreal and Kingston, McGill-Queen's University Press, 1993); Fédération des francophones hors Québec, Heirs of Lord Durham (Ottawa: FFHQ, 1977).
7. Leslie Pal, Interests of State: The Politics of Language, Multiculturalism, and Feminism in Canada (Montreal and Kingston, McGill-Queen's University Press, 1993); Fédération des francophones hors Québec, Heirs of Lord Durham (Ottawa: FFHQ, 1977).
8. Edmund A. Aunger, "Language and Law in the Province of Alberta," in Paul Pupier and José Woehrling eds., Language and Law (Montreal: Wilson & Lafleur, 1989), p. 218.
9. For an overview of these dimensions, see Angéline Martel, Official Minority Education Rights in Canada (Ottawa: Supply and Services Canada, 1991).
10. For pre-Charter OMLE policy, see Council of Ministers of Education, Canada, The State of Minority Language Education in Canada.
11. Martel, Official Minority Education Rights in Canada, pp. 56-7.
12. Data was unavailable for the periods 1982-83 and 1983-84. Until the federal government required the provinces to distinguish between French-immersion and French first-language programs for statistical purposes under the 1983 Official Languages Education protocol agreement, statistical data was unreliable. Pre-1982 data are taken primarily from Council of Ministers of Education, Canada, The State of Minority Language Education in the Ten Provinces of Canada (Toronto: CMEC, 1978); and Council of Ministers of Education, Canada, The State of Minority Language Education in Canada (1983). Post-1986 data are taken primarily from Martel, Official Language Minority Education Rights in Canada, and Martel, Rights, Schools, and Communities in Minority Contexts: 1986-2002 (Ottawa: Public Works and Government Services Canada, 2001). After 1986, I followed the years selected by Martel because she provides reliable data on the number of homogeneous French schools and enrolments in those schools for selected years. The Annual Reports of the Commissioner of Official Languages also provided data.
13. Data was unavailable for the periods 1982-83 and 1983-84. Until the federal government required the provinces to distinguish between French-immersion and French first-language programs for statistical purposes under the 1983 Official Languages Education protocol agreement, statistical data was unreliable. Pre-1982 data are taken primarily from Council of Ministers of Education, Canada, The State of Minority Language Education in the Ten Provinces of Canada (Toronto: CMEC, 1978); and Council of Ministers of Education, Canada, The State of Minority Language Education in Canada (1983). Post-1986 data are taken primarily from Martel, Official Language Minority Education Rights in Canada, and Martel, Rights, Schools, and Communities in Minority Contexts: 1986-2002 (Ottawa: Public Works and Government Services Canada, 2001). After 1986, I followed the years selected by Martel because she provides reliable data on the number of homogeneous French schools and enrolments in those schools for selected years. The Annual Reports of the Commissioner of Official Languages also provided data.
14. Data was unavailable for the periods 1982-83 and 1983-84. Until the federal government required the provinces to distinguish between French-immersion and French first-language programs for statistical purposes under the 1983 Official Languages Education protocol agreement, statistical data was unreliable. Pre-1982 data are taken primarily from Council of Ministers of Education, Canada, The State of Minority Language Education in the Ten Provinces of Canada (Toronto: CMEC, 1978); and Council of Ministers of Education, Canada, The State of Minority Language Education in Canada (1983). Post-1986 data are taken primarily from Martel, Official Language Minority Education Rights in Canada, and Martel, Rights, Schools, and Communities in Minority Contexts: 1986-2002 (Ottawa: Public Works and Government Services Canada, 2001). After 1986, I followed the years selected by Martel because she provides reliable data on the number of homogeneous French schools and enrolments in those schools for selected years. The Annual Reports of the Commissioner of Official Languages also provided data.
15. Data was unavailable for the periods 1982-83 and 1983-84. Until the federal government required the provinces to distinguish between French-immersion and French first-language programs for statistical purposes under the 1983 Official Languages Education protocol agreement, statistical data was unreliable. Pre-1982 data are taken primarily from Council of Ministers of Education, Canada, The State of Minority Language Education in the Ten Provinces of Canada (Toronto: CMEC, 1978); and Council of Ministers of Education, Canada, The State of Minority Language Education in Canada (1983). Post-1986 data are taken primarily from Martel, Official Language Minority Education Rights in Canada, and Martel, Rights, Schools, and Communities in Minority Contexts: 1986-2002 (Ottawa: Public Works and Government Services Canada, 2001). After 1986, I followed the years selected by Martel because she provides reliable data on the number of homogeneous French schools and enrolments in those schools for selected years. The Annual Reports of the Commissioner of Official Languages also provided data.
16. Joseph Magnet, Official Languages of Canada: Prospectives from Law, Policy and the future (Cowansville, Que.: Les Éditions Yvon Blais, 1995), p. 147.
17. Some provinces defined a "French school" - in Saskatchewan it is a school wherein the French language is used and developed as a first language of instruction and in school activities and where the language of communications with pupils and parents is predominately French - while other provinces, such as Alberta, did not define it explicitly.
18. Although a strict reading of Alberta's School Act suggests that access to French first-language instruction is technically not guaranteed by law for students eligible under Section 23, the director of French Language Services for Alberta Learning stated that the expectation is that Francophone Authorities will enrol all students eligible under Section 23 who want a French first-language education. Personal e-mail communication with Gerard Bissonnette, director of French Language Services, Alberta Learning, 29 May 2002.
19. Alberta's funding formula is a general one. There is no specific formula for Francophone Authorities (majority-language boards get money for French second-language programs), but the general formula helps Francophone Authorities disproportionately, given that they serve a relatively smaller and rural-based population. Interview with Gerard Bissonnette, 16 December 1998. For a description of OMLE funding in each of the provinces, see Canada, Commissioner of Official Languages, School Governance.
20. Martel, Rights, Schools, and Communities in Minority Contexts: 1986-2002.
21. Churchill, New Canadian Perspectives, p. 31.
22. Kelly, "Reconciling rights and federalism during review of the Charter of Rights and Freedoms," Canadian Journal of Political Science, p. 332.
23. Mahé v. Alberta, [1990] 1 S.C.R. 342 at 393.
24. Alberta, Factum of the Respondent (Mahé v. Alberta), Supreme Court of Canada (S.C.C.), File no. 20590 (1989); Saskatchewan, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989); Manitoba, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989).
25. Alberta, Factum of the Respondent (Mahé v. Alberta), Supreme Court of Canada (S.C.C.), File no. 20590 (1989); Saskatchewan, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989); Manitoba, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989).
26. Alberta, Factum of the Respondent (Mahé v. Alberta), Supreme Court of Canada (S.C.C.), File no. 20590 (1989); Saskatchewan, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989); Manitoba, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989).
27. Arsenault-Cameron v. Prince Edward Island, [2000] 1 S.C.R. 3; Doucet-Boudreau v. Nova Scotia (Minister of Education), [2000] 185 N.S.R. (2d) 246.
28. th) 534 (Vickers J.).
29. th) 534 (Vickers J.).
30. See Gene Allen, "French education rights guaranteed," The Globe and Mail (Toronto), 16 March 1990, pp. A1, A4.
31. Interview with the Hon. Jim Dinning, former minister of education for Alberta, 15 June 2001.
32. Canada, Commissioner of Official Languages, Annual Report 1990 (Ottawa: Supply and Services Canada, 1991), pp. 214-15; Canada, Commissioner of Official Languages, Annual Report 1991 (Ottawa: Supply and Services Canada, 1992), p. 118.
33. Canada, Commissioner of Official Languages, Annual Report 1990 (Ottawa: Supply and Services Canada, 1991), pp. 214-15; Canada, Commissioner of Official Languages, Annual Report 1991 (Ottawa: Supply and Services Canada, 1992), p. 118.
34. Alberta, French Language Working Group, "Report to the Minister of Education, the Honourable Jim Dinning" (Unpublished, 1991).
35. Interview with France Levasseur-Ouimet, past president of the Association canadienne-française de 1'Alberta, 16 December 1998. See P.A. Lamoureux and D. Tardif, An Educational System for Franco-Albertans (Edmonton: Association canadienne-française de 1'Alberta and Fédération des parents francophone de l'Alberta, 1990).
36. st Session, 27 September 1993 (Edmonton: Queen's Printer, 1993), pp. 495, 497 (Ty Lund), 499 (Steve West) and 502 (Robert Fischer).
37. Suzanne Sawyer, "Francophone schools make gains in Alberta but challenges lie ahead," Calgary Herald, 29 October 1998, p. B1; Ghislaine Pilon, "Francophones should control francophone education," Calgary Herald, 31 March 2000, p. B1.
38. Suzanne Sawyer, "Francophone schools make gains in Alberta but challenges lie ahead," Calgary Herald, 29 October 1998, p. B1; Ghislaine Pilon, "Francophones should control francophone education," Calgary Herald, 31 March 2000, p. B1.
39. Canada, Department of Canadian Heritage, Alberta Appendix 1997-98 (Ottawa: Public Works and Government Services Canada, 1998).
40. Pageau Skuce Vézina, Official Languages in Education Program-An Evaluation: Summary (Ottawa: Department of the Secretary of State, 1992), p. xxii.
41. Interview with Paul Dubé, co-founder of the Bugnet group, 16 May 2001.
42. Interview with Georges Arès, former executive director of the Association canadienne-française de l'Alberta and past president of the Commission nationale des parents francophone de l'Alberta, 26 May 2001.
43. Interview with the Hon. Jim Dinning.
44. Robert Matas, "B.C. bows to francophone-school order," The Globe and Mail (Toronto), 20 June 1997, p. A5; [n.a.], "We can'T afford custom education" [editorial], Times-Colonist (Victoria), 4 August 1995, p. A4.
45. Robert Matas, "B.C. bows to francophone-school order," The Globe and Mail (Toronto), 20 June 1997, p. A5; [n.a.], "We can'T afford custom education" [editorial], Times-Colonist (Victoria), 4 August 1995, p. A4.
46. Canada, Commissioner of Official Languages, Annual Report 1989 (Ottawa: Supply and Services Canada, 1990), pp. 190-91; Canada, Commissioner of Official Languages, Annual Report 1990, pp. 213-14, 231; Canada, Commissioner of Official Languages, Annual Report 1996 (Ottawa: Supply and Services Canada, 1997), p. 88.
47. Canada, Commissioner of Official Languages, Annual Report 1989 (Ottawa: Supply and Services Canada, 1990), pp. 190-91; Canada, Commissioner of Official Languages, Annual Report 1990, pp. 213-14, 231; Canada, Commissioner of Official Languages, Annual Report 1996 (Ottawa: Supply and Services Canada, 1997), p. 88.
48. Canada, Commissioner of Official Languages, Annual Report 1989 (Ottawa: Supply and Services Canada, 1990), pp. 190-91; Canada, Commissioner of Official Languages, Annual Report 1990, pp. 213-14, 231; Canada, Commissioner of Official Languages, Annual Report 1996 (Ottawa: Supply and Services Canada, 1997), p. 88.
49. Gene Allen, "More French school boards predicted for parts of Ontario," The Globe and Mail (Toronto) 16 March 1990, p. A4.
50. E-mail response from the Hon. Marion Boyd, former minister of education for Ontario, in response to questions by the author, 26 June 2001.
51. Telephone interview with official minority-language group activist, 26 June 2001; Interview with the Hon. Marion Boyd.
52. Interview with official minority-language group activist.
53. For a more detailed discussion, see Troy Riddell, "Legal Mobilization and Policy Change: The Impact of Legal Mobilization on Official Minority Language Education Policy Outside Quebec" (Ph.D. diss., McGill University, 2002).
54. Cited in Richard Julien, "The French School in Alberta" (Ph.D. diss., University of Alberta, 1991), p. 257.
55. Cited in Ibid., p. 256.
56. Interview with Angéline Martel, co-founder of the Bugnet group, 2 June 1998; Interview with Paul Dubé.
57. Linda Cardinal, Lise Kimpton, Jean Lapointe, Uli Locher and J. Yvon Theriault, Development of Official Language Communities (Ottawa: Public Works and Government Services Canada, 1994), pp. 53, 72.
58. Interview with Gerard Bissonnette.
59. Interview with Paul Dubé; Interview with France Levasseur-Ouimet; Interview with Angéline Martel; Canada, Commissioner of Official Languages, Annual Report 1989, p. 176; Canada, Commissioner of Official Languages, Annual Report 1990, pp. 214-15.
60. Interview with Paul Dubé; Interview with France Levasseur-Ouimet; Interview with Angéline Martel; Canada, Commissioner of Official Languages, Annual Report 1989, p. 176; Canada, Commissioner of Official Languages, Annual Report 1990, pp. 214-15.
61. th) 491.
62. Reference Re Minority Language Education Rights, [1988] Nfld. and P.E.I. R 236 (P.E.I.S.C.A.D.).
63. th) 514 (A.C.A.).
64. Alberta, Department of Education, Language Education Policy for Alberta (Edmonton: Queen's Printer, 1988).
65. See Richard Julien, "The quest for all-French schools in Alberta: a quixotic struggle?" Canadian Ethnic Studies 25, no. 1 (1993), pp. 25-49.
66. Alberta, Factum of the Respondent (Mahé v. Alberta), Supreme Court of Canada (S.C.C.), File no. 20590 (1989); Saskatchewan, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989); Manitoba, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989); Interview with Georges Arès; Interview with Adrien Bussière, former director of French Language Services, Alberta Education, 22 May 2001.
67. Alberta, Factum of the Respondent (Mahé v. Alberta), Supreme Court of Canada (S.C.C.), File no. 20590 (1989); Saskatchewan, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989); Manitoba, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989); Interview with Georges Arès; Interview with Adrien Bussière, former director of French Language Services, Alberta Education, 22 May 2001.
68. Alberta, Factum of the Respondent (Mahé v. Alberta), Supreme Court of Canada (S.C.C.), File no. 20590 (1989); Saskatchewan, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989); Manitoba, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989); Interview with Georges Arès; Interview with Adrien Bussière, former director of French Language Services, Alberta Education, 22 May 2001.
69. Alberta, Factum of the Respondent (Mahé v. Alberta), Supreme Court of Canada (S.C.C.), File no. 20590 (1989); Saskatchewan, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989); Manitoba, Factum of the Intervener (Mahé v. Alberta), (S.C.C.), File no. 20590 (1989); Interview with Georges Arès; Interview with Adrien Bussière, former director of French Language Services, Alberta Education, 22 May 2001.
70. See Daniel Morin, Alberta School Boards and Section 23 of the Canadian Charter of Rights and Freedoms. Report prepared for the Association canadienne-française de l'Alberta (Edmonton: ACFA, 1985). See also Julien, "The quest for all-French schools in Alberta," Canadian Ethnic Studies.
71. See Daniel Morin, Alberta School Boards and Section 23 of the Canadian Charter of Rights and Freedoms. Report prepared for the Association canadienne-française de l'Alberta (Edmonton: ACFA, 1985). See also Julien, "The quest for all-French schools in Alberta," Canadian Ethnic Studies.
72. Interview with the Hon. Jim Dinning.
73. Mariam Smith, "Recognizing same-sex relationships: The evolution of recent federal and provincial policies," CANADIAN PUBLIC ADMINISTRATION 45, no. 1 (Spring 2001), pp. 1-23.