Société des Acadiens v. Association of Parents
Encyclopedia
Société des Acadiens v. Association of Parents, [1986] 1 S.C.R. 549 is an early Supreme Court of Canada
decision on minority language
rights under section 19(2)
of the Canadian Charter of Rights and Freedoms
. The Court held that fundamental justice
ensures that a Francophone
accused has the right to an interpreter during their trial but language rights do not guarantee the right to be heard by a judge who speaks French.
, writing for the majority held that the protection language rights under section 19(2) were different from most other rights in the Charter as they were the result of a political compromise, and consequently must be read restrictively. The right to be tried in court in French does not even imply a right to an interpreter. The only right to be understood would be provided by fundamental justice and sections 7
and 14 of the Charter
rather than language rights.
and Denise Réaume call it "troubling," noting the division of the Charter between rights to be read conservatively and liberally was not specific, so other rights besides the language rights were at risk of being conservatively read. Moreover, they questioned the meaning of conservative readings, saying that even with supposed generous readings of the Charter, it is expected that courts are not making law.
Green also argued that when it comes to diminishing rights due to compromise and politics,
This decision was eventually reconsidered in R. v. Beaulac
, [1999] 1 S.C.R. 768 where the Court rejected the Beetz interpretation in favour of the case's minority decision of Dickson and Wilson.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on minority language
Minority language
A minority language is a language spoken by a minority of the population of a territory. Such people are termed linguistic minorities or language minorities.-International politics:...
rights under section 19(2)
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 Canadian Charter of Rights and Freedoms
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...
. The Court held that fundamental justice
Fundamental justice
Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the...
ensures that a Francophone
Francophone
The adjective francophone means French-speaking, typically as primary language, whether referring to individuals, groups, or places. Often, the word is used as a noun to describe a natively French-speaking person....
accused has the right to an interpreter during their trial but language rights do not guarantee the right to be heard by a judge who speaks French.
Decision
Justice BeetzJean Beetz
Jean-Marie Philémon Joseph Beetz, was a Canadian jurist and puisne justice of the Supreme Court of Canada....
, writing for the majority held that the protection language rights under section 19(2) were different from most other rights in the Charter as they were the result of a political compromise, and consequently must be read restrictively. The right to be tried in court in French does not even imply a right to an interpreter. The only right to be understood would be provided by fundamental justice and sections 7
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
and 14 of the Charter
Section Fourteen of the Canadian Charter of Rights and Freedoms
Section Fourteen of the Canadian Charter of Rights and Freedoms is the last section under the "Legal rights" heading in the Charter. It provides anyone in a court the right to an interpreter if the person does not speak the language being used or is deaf.-Text:The section states:-Background:Before...
rather than language rights.
Aftermath
The decision inspired criticism. Professors Leslie GreenLeslie Green (philosopher)
Leslie Green is a leading scholar in the analytic philosophy of law, or jurisprudence as it is often called by academic lawyers.Born in Bridge of Weir, Renfrewshire, Scotland, and educated at Queen's University, Canada, and at Nuffield College, Oxford, he completed his dissertation—which...
and Denise Réaume call it "troubling," noting the division of the Charter between rights to be read conservatively and liberally was not specific, so other rights besides the language rights were at risk of being conservatively read. Moreover, they questioned the meaning of conservative readings, saying that even with supposed generous readings of the Charter, it is expected that courts are not making law.
Green also argued that when it comes to diminishing rights due to compromise and politics,
This decision was eventually reconsidered in R. v. Beaulac
R. v. Beaulac
R. v. Beaulac [1999] 1 S.C.R. 768 is a decision by the Supreme Court of Canada on language rights. Notably, the majority adopted a liberal and purposive interpretation of language rights in the Canadian Charter of Rights and Freedoms, overturning conservative case law such as Société des Acadiens...
, [1999] 1 S.C.R. 768 where the Court rejected the Beetz interpretation in favour of the case's minority decision of Dickson and Wilson.