Section Twenty-one of the Canadian Charter of Rights and Freedoms
Encyclopedia
Section Twenty-one of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter
relating to the official language
s of Canada
. The official languages, under section 16
of the Charter, are English
and French
. Sections 16 to 20
guarantee a number of rights in regard to the use of these languages in the federal and New Brunswick
courts and other government institutions. Thus, section 21 clarifies that language rights regarding English and French in the Constitution of Canada
, outside the Charter, remain valid and are not limited by the language rights within the Charter.
and Manitoba
. Although neither of these provinces are officially bilingual, there are constitutional rights regarding the use of English and French in those provinces that are not duplicated in the Charter. Specifically, section 133 of the Constitution Act, 1867
guarantees that anyone in the Quebec legislature (now known as the National Assembly of Quebec
) may speak in either language, and that the records of the National Assembly must be kept in both languages. Furthermore, bilingualism is allowed in Quebec courts.
The same rights are guaranteed in respect to the federal government under section 133, but these are repeated in section 17
, section 18
and section 19
of the Charter.
The Manitoba Act
, which created the province of Manitoba in 1870 and is considered part of the Constitution of Canada, contains similar language rights. Section 23 of that Act states that everyone may speak in English or French in the legislature and in Manitoba courts, and that the records of the legislature must be kept in both languages. These rights, too, are not duplicated by the Charter but are reaffirmed by section 21 of the Charter.
Section 21 can be better compared to some of the sections under the heading "General" (sections 25-31). This is because it is "negative in form," not guaranteeing rights but protecting pre-existing ones. Like section 21, section 29
protects rights (in this case denominational school rights) that appear elsewhere in the Constitution. Section 25
refers to Aboriginal
rights and section 26
refers to other rights not in the Charter, although unlike section 21 these sections recognize rights outside the Constitution.
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
relating to the official language
Official language
An official language is a language that is given a special legal status in a particular country, state, or other jurisdiction. Typically a nation's official language will be the one used in that nation's courts, parliament and administration. However, official status can also be used to give a...
s of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. The official languages, under section 16
Section Sixteen of the Canadian Charter of Rights and Freedoms
Section Sixteen of the Canadian Charter of Rights and Freedoms is the first of several sections of the Charter dealing with Canada's two official languages, English and French...
of the Charter, are English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
and French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
. Sections 16 to 20
Section Twenty of the Canadian Charter of Rights and Freedoms
Section Twenty of the Canadian Charter of Rights and Freedoms is one of the sections of the Charter dealing with Canada's two official languages, English and French. Along with section 16, section 20 is one of the few sections under the title "Official Languages of Canada" that guarantees...
guarantee a number of rights in regard to the use of these languages in the federal and New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
courts and other government institutions. Thus, section 21 clarifies that language rights regarding English and French in the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
, outside the Charter, remain valid and are not limited by the language rights within the Charter.
Text
In full, it reads,Function
Section 21 thus reaffirms language rights in the Constitution in respect to the provinces of QuebecQuebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
and Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
. Although neither of these provinces are officially bilingual, there are constitutional rights regarding the use of English and French in those provinces that are not duplicated in the Charter. Specifically, section 133 of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
guarantees that anyone in the Quebec legislature (now known as the National Assembly of Quebec
National Assembly of Quebec
The National Assembly of Quebec is the legislative body of the Province of Quebec. The Lieutenant Governor and the National Assembly compose the Parliament of Quebec, which operates in a fashion similar to those of other British-style parliamentary systems.The National Assembly was formerly the...
) may speak in either language, and that the records of the National Assembly must be kept in both languages. Furthermore, bilingualism is allowed in Quebec courts.
The same rights are guaranteed in respect to the federal government under section 133, but these are repeated in section 17
Section Seventeen of the Canadian Charter of Rights and Freedoms
Section Seventeen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canada's two official languages, English and French...
, section 18
Section Eighteen of the Canadian Charter of Rights and Freedoms
Section Eighteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canada's two official languages, English and French. Like section 133 of the Constitution Act, 1867, section 18 requires that all statutes and other records...
and section 19
Section Nineteen of the Canadian Charter of Rights and Freedoms
Section Nineteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canada's two official languages, English and French. Like section 133 of the Constitution Act, 1867, section 19 allows anyone to speak English or French in...
of the Charter.
The Manitoba Act
Manitoba Act
The Manitoba Act, originally titled An Act to amend and continue the Act 32 and 33 Victoria, chapter 3; and to establish and provide for the Government of the Province of Manitoba, is an act of the Parliament of Canada that is defined by the Constitution Act, 1982 as forming a part of the...
, which created the province of Manitoba in 1870 and is considered part of the Constitution of Canada, contains similar language rights. Section 23 of that Act states that everyone may speak in English or French in the legislature and in Manitoba courts, and that the records of the legislature must be kept in both languages. These rights, too, are not duplicated by the Charter but are reaffirmed by section 21 of the Charter.
Comparisons to other Charter sections
Whereas section 16 can be used to guarantee rights to those working in government offices to use either French or English, it has been noted that the rights referred to in section 21 do not.Section 21 can be better compared to some of the sections under the heading "General" (sections 25-31). This is because it is "negative in form," not guaranteeing rights but protecting pre-existing ones. Like section 21, section 29
Section Twenty-nine of the Canadian Charter of Rights and Freedoms
Section Twenty-nine of the Canadian Charter of Rights and Freedoms is the section of Charter that most specifically addresses rights regarding denominational schools and separate schools...
protects rights (in this case denominational school rights) that appear elsewhere in the Constitution. Section 25
Section Twenty-five of the Canadian Charter of Rights and Freedoms
Section Twenty-five of the Canadian Charter of Rights and Freedoms is the first section under the heading "General" in the Charter, and like other sections within the "General" sphere, it aids in the interpretation of rights elsewhere in the Charter...
refers to Aboriginal
Aboriginal peoples in Canada
Aboriginal peoples in Canada comprise the First Nations, Inuit and Métis. The descriptors "Indian" and "Eskimo" have fallen into disuse in Canada and are commonly considered pejorative....
rights and section 26
Section Twenty-six of the Canadian Charter of Rights and Freedoms
Section Twenty-six of the Canadian Charter of Rights and Freedoms, like other provisions within the section 25 to 31 bloc, provides a guide in interpreting how the Charter should affect Canadian society...
refers to other rights not in the Charter, although unlike section 21 these sections recognize rights outside the Constitution.