Official Language Policies at the Federal Level in Canada ...

Studies in

Language Policy

May 2009

Official Language Policies at the Federal Level in Canada:

Costs and Benefits in 2006

by Fran?ois Vaillancourt and Olivier Coche

Cette ?tude est ?galement disponible en fran?ais This study is also available in French

Studies in

FRASER

INSTITUTE

Language Policy

May 2009

Official Language Policies at the Federal Level in Canada :

Costs and Benefits in 2006

by Fran?ois Vaillancourt and Olivier Coche

Fraser Institute l

Contents

Executive summary l 1 Introduction l 9 The legal framework l 11 The costs of two official languages l 21 The benefits of two official languages l 37 Conclusion l 45 Appendix A: Legal framework of the federal policies on bilingualism l 47 Appendix B: Population in designated bilingual regions of Canada for language of work purposes in 2006 l 55 References l 57

About the authors l 63 Acknowledgments l 65 About this publication l 67 Supporting the Fraser Institute l 68 About the Fraser Institute l 69 Editorial Advisory Board l 70

l Fraser Institute

Fraser Institute l

Official Language Policies at the Federal Level in Canada: Costs and Benefits in 2006 l 1

Executive summary

This study examines and measures the costs and benefits of federal bilingualism in the government of Canada's official languages policies in 2006/07. The paper is divided into three main parts: the first presents the legal framework under which the federal government and federally regulated entities make decisions as to the internal and external usage of both official languages, the second presents the costs of these policies, and the third presents the benefits of these policies.

History of the constitutional and legal framework with respect to official languages

Linguistic issues have always been a dominant theme throughout pre- and post-Confederation Canadian history.

Pre-Confederation, the lack of explicit disposition concerning the use of languages--except to limit or abolish the use of French--was a cause of ambiguity resulting in de facto bilingualism in the legislative assemblies while English was the only language to be officially recognized. This situation was a source of permanent conflict between language communities, especially after the Act of Union of 1840, in which section 41 abolished French as a language of the legislature. This disposition was abolished in 1848 due to the extent of protests. In the following year, another law was enacted stating that Canadian acts must be adopted in French and English.

This new governmental approach on language issues culminated with the Constitution Act of 1867 and more precisely section 133. This section states that French and English can both be used in the debates of Parliament and that the records of these debates shall be made in both languages. In addition, under section 133, federal acts have to be adopted, published, and printed in both languages.

However, a large proportion of parliamentarians, especially those representing Western Canada, saw Francophones as only one language minority on the same grounds as others and advocated that the Francophone minority should not receive a particular treatment outside the guarantees of the Constitution Act of 1867.

In response to the growing concerns and protests of French speakers from Quebec with regard to the perceived need for the protection of French language and the expansion of the separatist movement, the Royal Commission on Bilingualism and Biculturalism was established in 1963. The

l Fraser Institute

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