What exactly are the constitutionally protected rights to bilingual services and communications?
These constitutionally protected rights come from section 20 of the Canadian Charter of Rights and Freedoms. This section states that, under certain conditions, any member of the public in Canada has the right to communicate, in either official language, with an office or institution of the federal government. It also states that any member of the public in Canada has the right to communicate, in either official language, with an office or institution of the government of New Brunswick (there are no conditions for this right).
For the exact wording of section 20, see the link on our page of Additional Resources.
Last Reviewed: May 2011
What about other governments? Don’t minority language speakers have a constitutional right to any and all governmental services and communications in their language?
No. This is a result of the divided law-making ability regarding language rights (as described above).
In general, as a matter of right, one can usually obtain services from, and communicate with, federal government employees in either official language, if the conditions are met (see question below).
This, however, is often not the case with provincial or territorial governments. Currently, the only officially bilingual province is New Brunswick (its bilingual status is enshrined in the Canadian Charter of Rights and Freedoms). In that province, one can expect services and communications in either official language. Again, this is a matter of right.
In some other jurisdictions, provincial or territorial government services may be available in French, but they may not be, and they do not necessarily have to be, unless there is a provincial/territorial law requiring service in French. Similarly, if services are provided in French, those services may come in varying formats: some governmental offices may have a selection of written materials available in French, some may have French–speakers that can answer – or find answers to – questions, and others may provide a translation service (you submit your question and the answer will be translated into French for you).
Many jurisdictions have specific provincial/territorial legislation that addresses French services (often called the Language(s) Act, or something similar). Under these kinds of law, some provinces have quite an extensive availability of French language services: for example, in Ontario. Others, less so. It all depends on what the provincial/territorial laws say about this issue, and whether it is a matter of law or of policy.
In some jurisdictions, the provincial/territorial governments are still trying to determine what is, or is not, required. Sometimes, when a province joined Canada (for example, when Manitoba joined in 1870) the agreement guaranteed that all laws would be created and adopted in English and French in the province. In others cases, a province may disagree that there is any legal reason why it has to provide services in French, and those disagreements can end up in court.
Last Reviewed: May 2011
I live in a very multi-cultural area, and although there many French-speakers there seems to more services and information available in other languages than in French. Why is that?
As described above, constitutionally–protected rights to French minority language services and communications are limited to the federal and New Brunswick governments. Any other rights to French minority language services and communications will depend on the laws and policies of your particular jurisdiction. Some provinces/territories have many legal entitlements for the French language minority, others have fewer.
Some provinces/territories of Canada have also passed laws giving certain rights to speakers of other languages. For example, Manitoba, the Yukon, the Northwest Territories and Nunavut, in addition to recognizing English and French minority official language communities, have also created some language rights for a number of the aboriginal language speakers within their boundaries.
Furthermore, even if it may not be required by law, any jurisdiction can choose to offer second–language services and information based on policy. As a result, if for example a community is located in a province/territory that has very few French language entitlements and it also happens to have a large number of speakers of a third language, it may choose to offer services and information in that third language before it offers services and information in French. Again, this is a matter of policy.
Last Reviewed: May 2011
I am a French speaker, but recently moved to an area that has very few other French speakers. Can I still get federal government services in French?
It depends.
Section 20 of the Canadian Charter of Rights and Freedoms, guarantees the right to receive services from, and the right to communicate with, the federal government in either official language.
However, that section has conditions. In English-speaking provinces/territories, French services must be made available:
- where there is “significant demand” , or
- where the “nature of the office” makes it “reasonable” to offer the service in French.
Last Reviewed: May 2011
With respect to federal services, what exactly constitutes “significant” demand and a “reasonable” nature?
This matter is addressed in the regulations of the federal Official Languages Act. The exact definition of “significant demand” is determined by population census data. For example, in larger urban centres, significant demand is reached when the minority population is at least 5,000. In smaller town and rural regions, bilingual services are required if the minority population reaches at least 500 people and represent 5% of the total population. The regulations addressing the concept of the “nature of the office” require bilingualism for standardized announcements and signage regarding the health, safety and security of the public, national parks, and all Canadian diplomatic missions on foreign soil.
Last Reviewed: May 2011
What exactly is an “institution” or “office” of Canada?
This is a very complex question, the answer to which has not yet been fully determined. For example: it is clear that, if the above criteria are met, federal government offices and departments, as well as Crown corporations (such as Canada Post and Via Rail) qualify. For other organizations, such as the RCMP, it is not always so clear (because sometimes a provincial or municipal government contracts with RCMP instead of creating its own police service, and in such instances the RCMP are arguably not acting as part of the federal government) . Sometimes, even a privatized corporation can be deemed a “federal institution” for these purposes (for example, Air Canada, which was privatized in1988). Courts continue to examine the issue to determine the extent of the rights involved.
Last Reviewed: May 2011
I was in the hospital last year and had a hard time finding someone who could explain things to me in French. Since the federal government has laws about health care, don’t they have to ensure that medical services can be provided in French?
No. The federal government’s minority-language protections do not apply to hospitals. Although the Canada Health Act sets the conditions that provincial healthcare systems have to meet in order to qualify for federal healthcare funding, under the CA 1867, hospitals are clearly under provincial jurisdiction.
In New Brunswick, which is the only officially bilingual province, French services in a hospital are required. In other provinces/territories, this is not the case.
That said, some provinces/territories do have French hospitals. In such facilities, French services are available as a matter of policy. Not all provinces/territories have French hospitals (and there is no constitutional requirement for such hospitals).
However, if a province/territory has made laws about providing public services, such as health care, in French, then it may be more difficult to later remove those services. This is what the Montfort Hospital case was about. Ontario has a French Language Services Act that includes health care, and the Montfort was a French-language hospital. When the province decided to remove most of the services from the Montfort to a near-by bilingual hospital, it had to meet a very high standard of justification for removing the French language services because of Canada’s constitutional commitment to minority official language communities. In the end, the province’s actions were determined to be invalid because the decision–makers had not given sufficient consideration to the negative impact of the closure on the French–speaking community.
Last Reviewed: May 2011
I am a French speaker who has just moved to a mostly English-speaking province. The other day, I was stopped by the police at a routine a check-stop. I was really worried that I would not be able to understand what was being said. When I am talking to police, do I have a right to speak French?
Maybe.
In New Brunswick, yes.
In other jurisdictions, if you are dealing with the RCMP, you might (it depends on issues such as significant demand and whether the RCMP is acting as an agent of a province/territory, as discussed above). With provincial/territorial or municipal police forces, it will depend on what kinds of provincial/territorial/municipal language laws are in place and whether those laws grant any such right.
Otherwise, it is not really a matter of “right”, but rather, one of policy. Many police forces do ensure that they have French-speaking officers available. Even if those officers are not on duty, they can be called in to help (either in person or through telephone or internet). Although this can result in some delay, it may lead to a better and more comfortable situation for you. Therefore, if you are stopped by police and you would like to communicate in French, you can, at least, request a French-speaking officer.
Last Reviewed: May 2011
How do I find out if services are available in French in my area?
If you need French language services from an institution or office of the federal government, you can either call your local federal government office, or visit the federal government’s BUROLIS website. Please see our page of Additional Resources for the link.
If you need French language services from an institution or office of a provincial /territorial or municipal government, you can call that government’s main information line, or visit its website, for further information. You may also wish to ask to see any provincial/territorial law that addresses this issue.
Last Reviewed: May 2011
I am a French speaker and I am considering running for public office for the federal government. I think I would find it difficult to speak publicly in English. Can I speak French in the Canadian Parliament?
Yes. According to section 16 of the Canadian Charter of Rights and Freedoms, English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in the Parliament of Canada. The ability to speak either official language in this governmental institution is also helped by the fact that everyone has access to translation through simultaneous interpreters.
Last Reviewed: May 2011
What if I want to run for provincial or territorial office (outside of Québec)?
It depends on the province/territory.
According to section 16 of the Canadian Charter of Rights and Freedoms, English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use the legislature of New Brunswick. Furthermore, section 133 of the CA 1867 and section 23 of the Manitoba Act, 1870 allow for the use of English or French by any person in the debates of the houses of the legislatures of Québec and Manitoba.
The ability to speak either official language in these legislatures is also helped by the fact that a simultaneous interpretation service is provided.
Although s.16 of the Charter also states that other legislatures may also advance the equality of status or use of English and French, other provinces/territories do not have to do so. In such provinces/territories, it is generally possible to speak French, but there is no guarantee that the speaker or other elected officials will understand French, and, therefore, a translator may be required. Some jurisdictions, such as Ontario, offer a simultaneous interpretation service, some do not. In Alberta and British Columbia, for example, a member of the legislative assembly who wants to speak in French in the legislature must provide a written translation in advance.
Last Reviewed: May 2011
Funding for this section was provided by The Language Rights Support Program.
These FAQs were written with help from Laura Snowball, Barrister and Solicitor, and from The Centre for Constitutional Studies.
