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Civil Rights and Discrimination

1990

Dalhousie Law Journal

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Second Class Rights? Principles And Compromise In The Charter, Denise G. Réaume, Leslie J. M Green Oct 1990

Second Class Rights? Principles And Compromise In The Charter, Denise G. Réaume, Leslie J. M Green

Dalhousie Law Journal

Minority language rights are both historically and politically central to the Canadian constitution. It is also commonly supposed that they are fundamental rights, rooted in principle, and deserving generous interpretation by the courts. For a time, it seemed that the Supreme Court of Canada shared this view. In the Manitoba Language Reference, for example, they said that "The importance of language rights is grounded in the essential role that language plays in human existence, development and dignity." In Mercure v. A.G. of Saskatchewan they reiterated: "It can hardly be gainsaid that language is profoundly anchored in the human condition. Not …