language where there is ?a suffi
cient demand?
it is established that...the admission of it...
for the use of English or French or where the
would bring the administration of justice into
nature of the offi
ce makes it reasonable.
disrepute.?
The minority-language education rights are
The Charter (except for the language provisions
twofold.
for New Brunswick, which can be amended by
1. In every province, citizens of Canada with
joint action of Parliament and the provincial
any child who has received or is receiving
legislature) can be amended only with the
primary or secondary schooling in English
consent of seven provinces with at least half the
or French have the right to have all their
total population of the 10.
children receive their schooling in the same
language, in minority-language educational
The Charter is careful to say that the guarantees
facilities provided out of public funds, where
it gives to certain rights and freedoms are not to
the number of children ?so warrants.? Also,
?be construed as denying the existence of any
citizens who have received their own primary
other rights or freedoms that exist in Canada.?
schooling in Canada in English or French, and
It declares also that nothing in it ?abrogates
reside in a province where that language is the
or derogates from any rights or privileges
language of the English or French linguistic
guaranteed by or under the Constitution of
minority, have the right to have their children
Canada in respect of denominational, separate
get their primary and secondary schooling
or dissentient schools.? These are, and remain,
in the language concerned, where numbers
entrenched.
warrant.
Before the Charter was added, our written
2. In every province except Quebec, citizens
Constitution entrenched certain rights of the
whose mother tongue is that of the English
English and French languages, the Quebec civil
or French linguistic minority have the right
law, certain rights to denominational schools
to have their children get their primary
and free trade among the provinces. Apart from
and secondary schooling in the language
these, Parliament and the provincial legislatures
concerned, where numbers so warrant.
could pass any laws they saw fi t, provided
This right will be extended to Quebec only
they did not jump the fence into each other?s
if the legislature or government of Quebec
gardens. As long as Parliament did not try to
consents.
legislate on subjects that belonged to provincial
legislatures, and provincial legislatures did not
Anyone whose rights and freedoms under the
try to legislate on subjects that belonged to
Charter have been infringed or denied can apply
Parliament, Parliament and the legislatures
to a court of competent jurisdiction ?to obtain
were ?sovereign? within their respective fi elds.
such remedy as the court considers appropriate
There were no legal limits on what they could
and just.? If the court decides that any evidence
do (though of course provincial laws could be
was obtained in a manner that infringed or
disallowed by the federal cabinet within one
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