The Practice Of Language Rights In Canada

On what grounds should language rights be accorded in Canada, and to whom? This is the central question that is addressed in C. Michael MacMillan's book The Practice of Language Rights in Canada. The issue of language rights in Canada is one that is highly debated and discussed, partly because the basic underlying principles have been a neglected dimension in the debate. MacMillan examines the normative basis of language rights in Canadian public policy and public opinion. He argues that language rights policy should be founded upon the theoretical literature of human rights. Drawing on the philosophy behind human rights, the arguments for recognizing a right to language are considered, as well as the matter of whether such rights possess the essential features of established rights. Another model that is examined is the idea that rights are a reflection of the established values, attitudes, and practices of society. This analysis reveals that there is a significant gap between what a political theory of language rights would endorse and what garners support in public opinion. MacMillan also scrutinizes the federal and provincial contexts in the development of a language rights framework. From these explorations, a case is developed for a recognition of language rights that is consistent with the logic of human rights and that corresponds roughly with developing Canadian practice. The Practice of Language Rights in Canada is a unique contribution to the current literature not only because it conceives of language rights as a human right but also because it frames the whole debate about language rights in Canada as a question of values and entitlements.

This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.

On what grounds should language rights be accorded in Canada, and to whom? This is the central question that is addressed in C. Michael MacMillan's book The Practice of Language Rights in Canada. The issue of language rights in Canada is one that is highly debated and discussed, partly because the basic underlying principles have been a neglected dimension in the debate. MacMillan examines the normative basis of language rights in Canadian public policy and public opinion. He argues that language rights policy should be founded upon the theoretical literature of human rights. Drawing on the philosophy behind human rights, the arguments for recognizing a right to language are considered, as well as the matter of whether such rights possess the essential features of established rights. Another model that is examined is the idea that rights are a reflection of the established values, attitudes, and practices of society. This analysis reveals that there is a significant gap between what a political theory of language rights would endorse and what garners support in public opinion. MacMillan also scrutinizes the federal and provincial contexts in the development of a language rights framework. From these explorations, a case is developed for a recognition of language rights that is consistent with the logic of human rights and that corresponds roughly with developing Canadian practice. The Practice of Language Rights in Canada is a unique contribution to the current literature not only because it conceives of language rights as a human right but also because it frames the whole debate about language rights in Canada as a question of values and entitlements.

Canada’s official languages legislation fundamentally altered the composition and operational considerations of federal institutions. With legislative change, Canada’s public service has achieved the equitable representation of its two official languages groups, provided services to the public in both official languages, and has codified rights for public servants to work in their official language of choice. On paper, the regime is robust. In practice, there is a persistent divergence between policy and practice, as English dominates as the regular language of work in the federal public service. Through an historical institutionalist lens based on extensive archival research and semi-structured interviews, Gaspard shows that the implementation of official languages policy in the federal public service from 1967–2013 could not challenge the predominance of English as the operating language of the federal public service. The analysis of the roles of actors, ideas and institutions that influenced the policy implementation process show that a lack of structural change, inadequate managerial engagement, and a false sense that both official languages are equally ingrained in the public service explain the persistence of English as the dominant language of work. This book is published in English. - La politique sur les langues officielles du Canada a transformé la composition et les considérations opérationnelles des institutions fédérales. Grâce aux modifications législatives, la fonction publique du Canada a réussi à mettre en place une représentation équitable de ses deux groupes de langues officielles, assure la prestation de services au public dans les deux langues officielles, et a procédé à la codification des droits des fonctionnaires de travailler dans la langue officielle de leur choix. En théorie, le régime est robuste. En pratique, il existe un fossé entre politique et pratique, l’anglais s’étant établi comme langue dominante de travail dans la fonction publique fédérale. En adoptant une approche historique à cette question institutionnelle et au moyen de recherches archivistiques et d’entrevues mi-structurées, Gaspard fait valoir que de 1967 à 2013, la mise en oeuvre du programme de langues officielles à la fonction publique fédérale n’a pu influer sur la trajectoire de l’anglais comme langue prépondérante de travail. L’analyse des rôles des intervenants et des institutions qui ont façonné le processus met en lumière le fait que l’absence de changements structurels, l’engagement insuffisant des gestionnaires, de même que la perception erronée que les langues officielles sont toutes deux bien ancrées dans la fonction publique se conjuguent pour expliquer la persistance de l’anglais comme principale langue de travail. Ce livre est publié en anglais.

Are far-reaching language rights defensible in a liberal society? Language Rights in French Canada explores this question in the context of a political culture long hostile to Québec's language laws, and increasingly resistant to official bilingualism across Canada. It argues for the moral validity of collective goals that aim to preserve and promote the French-Canadian identity in and outside Québec. This book makes a compelling case for recognizing strong language rights as a matter of justice. Pierre A. Coulombe addresses crucial issues about the coexistence of language communities in Canada, issues that will surely resonate in multilingual America.

This volume critically analyzes and explains the goals, processes, and effects of language policies in the United States and Canada from historical and contemporary perspectives. The focus of this book is to explore parallel and divergent developments in language policy and language rights in the two countries, especially in the past four decades, as a basis for reflection on what can be learned from one country's experience by the other. Effects of language policies and practices on majority and minority individuals and groups are evaluated. Differences in national and regional language situations in the U.S. and Canada are traced to historical and sociological, demographic, and legal factors which have sometimes been inappropriately generalized or ignored by ideologues. The point is to show that certain general principles of economics and sociology apply to the situations in both countries, but that differing notions of sovereignty, state and nation, ethnicity, pluralism, and multiculturalism have shaped attitudes and policies in significant ways. Understanding the bases for these varying attitudes and policies provides a clearer understanding of the idiosyncratic as well as more universal factors that contribute to tensions between groups and to outcomes, many of which are unintended. The volume makes clear that language matters always involve issues of culture, economics, politics, individual and group identities, and local and national histories. The chapters provide detailed analyses on a wide range of issues at the national, state/provincial, and local levels in both countries. The chapter authors come from a variety of academic disciplines (education, geography, journalism, law, linguistics, political science, and sociology), and the findings, taken together, contribute to an evolving, interdisciplinary theory of language policy.