Charlebois V. Saint John (City)
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Charlebois V. Saint John (City)
''Charlebois v Saint John (City of)'' 0053 S.C.R. 563 was a decision by the Supreme Court of Canada on minority language rights in New Brunswick. The Court found no statutory obligation on municipalities for bilingualism in court proceedings. Background Mario Charlebois challenged the city of Saint John for not using the French language in court proceedings. He maintained that the failure to provide bilingual services was a violation of Section 22 of the provincial Official Languages Act, which states that bilingual services should be provided by all institutions of the provincial government—which raised the question of whether a municipality is, legally speaking, a provincial institution. Both the trial judge and the New Brunswick Court of Appeal decided municipalities are not institutions. The Court of Appeal and Supreme Court found the definition of an "institution" is an institution which under legislation has a function related to government. This definition excludes m ...
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Court Of Appeal For New Brunswick
The Court of Appeal of New Brunswick (french: Cour d'appel du Nouveau-Brunswick) (frequently referred to as New Brunswick Court of Appeal or NBCA) is the appellate court in the province of New Brunswick. There are five Justices, one Chief Justice, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge. The court sits in Fredericton, New Brunswick. Cases are heard by a panel of three judges. As of 2018, the Chief Justice is the Honourable Marc Richard. Jurisdiction The court hears appeals from the Court of King's Bench of New Brunswick, Provincial Court of New Brunswick, and various tribunals. Cases tried by the court can be appealed to the Supreme Court of Canada, but in practice this happens only a few times a year. Current judges Supernumerary References External links New Brunswick Court of Appeal {{Courts of Canada New Brunswick New Brunswick (french: Nouveau-B ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Minority Language
A minority language is a language spoken by a minority of the population of a territory. Such people are termed linguistic minorities or language minorities. With a total number of 196 sovereign states recognized internationally (as of 2019) and an estimated number of roughly 5,000 to 7,000 languages spoken worldwide, the vast majority of languages are minority languages in every country in which they are spoken. Some minority languages are simultaneously also official languages, such as Irish in Ireland or the numerous indigenous languages of Bolivia. Likewise, some national languages are often considered minority languages, insofar as they are the national language of a stateless nation. Definitions There is no scholarly consensus on what a "minority language" is, because various different standards have been applied in order to classify languages as "minority language" or not. According to Owens (2013), attempts to define minority languages generally fall into several cat ...
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New Brunswick
New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and French as its official languages. New Brunswick is bordered by Quebec to the north, Nova Scotia to the east, the Gulf of Saint Lawrence to the northeast, the Bay of Fundy to the southeast, and the U.S. state of Maine to the west. New Brunswick is about 83% forested and its northern half is occupied by the Appalachians. The province's climate is continental with snowy winters and temperate summers. New Brunswick has a surface area of and 775,610 inhabitants (2021 census). Atypically for Canada, only about half of the population lives in urban areas. New Brunswick's largest cities are Moncton and Saint John, while its capital is Fredericton. In 1969, New Brunswick passed the Official Languages Act which began recognizing French as an ...
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Saint John, New Brunswick
Saint John is a seaport city of the Atlantic Ocean located on the Bay of Fundy in the province of New Brunswick, Canada. Saint John is the oldest incorporated city in Canada, established by royal charter on May 18, 1785, during the reign of King George III. The port is Canada's third-largest port by tonnage with a cargo base that includes dry and liquid bulk, Breakbulk_cargo, break bulk, containers, and cruise. The city was the most populous in New Brunswick until the 2016 census, when it was overtaken by Moncton. It is currently the second-largest city in the province, with a population of 69,895 over an area of . French explorer Samuel de Champlain landed at Saint John Harbour on June 24, 1604 (the feast of St. John the Baptist) and is where the Saint John River (Bay of Fundy), Saint John River gets its name although Mi'kmaq and Maliseet, Wolastoqiyik peoples lived in the region for thousands of years prior calling the river Wolastoq. The Saint John area was an important area ...
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French Language
French ( or ) is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the Latin spoken in Gaul, and more specifically in Northern Gaul. Its closest relatives are the other langues d'oïl—languages historically spoken in northern France and in southern Belgium, which French ( Francien) largely supplanted. French was also influenced by native Celtic languages of Northern Roman Gaul like Gallia Belgica and by the ( Germanic) Frankish language of the post-Roman Frankish invaders. Today, owing to France's past overseas expansion, there are numerous French-based creole languages, most notably Haitian Creole. A French-speaking person or nation may be referred to as Francophone in both English and French. French is an official language in 29 countries across multiple continents, most of which are members of the ''Organisation internationale de la Francophonie'' ...
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New Brunswick Court Of Appeal
The Court of Appeal of New Brunswick (french: Cour d'appel du Nouveau-Brunswick) (frequently referred to as New Brunswick Court of Appeal or NBCA) is the appellate court in the province of New Brunswick. There are five Justices, one Chief Justice, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge. The court sits in Fredericton, New Brunswick. Cases are heard by a panel of three judges. As of 2018, the Chief Justice is the Honourable Marc Richard. Jurisdiction The court hears appeals from the Court of King's Bench of New Brunswick, Provincial Court of New Brunswick, and various tribunals. Cases tried by the court can be appealed to the Supreme Court of Canada, but in practice this happens only a few times a year. Current judges Supernumerary References External links New Brunswick Court of Appeal {{Courts of Canada New Brunswick New Brunswick (french: Nouveau-B ...
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Section Eighteen Of The Canadian Charter Of Rights And Freedoms
Section 18 of the ''Canadian Charter of Rights and Freedoms'' is one of the provisions of the Constitution that addresses rights relating to Canada's two official languages, English and French. Like section 133 of the ''Constitution Act, 1867'', section 18 requires that all statutes and other records made by the Parliament of Canada must be available in both official languages. Section 133 places a similar obligation on the legislature of Quebec, and this is reaffirmed by section 21 of the ''Charter''. Section 18 of the ''Charter'' places a similar obligation on the legislature of New Brunswick. New Brunswick is the only officially bilingual province under section 16 of the ''Charter''. Text Section 18 reads, Application Justice Michel Bastarache and fellow-authors wrote of section 18 that it repeats section 133 in necessitating Parliament's statutes being kept in both official languages, and that section 18 "adds that both versions are equally authoritative." They compa ...
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Section Sixteen Of The Canadian Charter Of Rights And Freedoms
Section 16 of the ''Canadian Charter of Rights and Freedoms'' is the first of several sections of the Constitution dealing with Canada's two official languages, English and French. Section 16 declares that English and French are the official languages of Canada and of the province of New Brunswick. Text Under the heading "Official Languages of Canada", the section reads: Function This section sets out general principles that are expanded in sections 16.1 to 22. Section 16 itself expands upon language rights in the ''Constitution Act, 1867''; whereas section 133 of the ''Constitution Act, 1867'' merely allowed for both languages to be used in the Parliament of Canada and in the Quebec legislature, and in some courts, section 16 goes further by allowing bilingualism in the federal and New Brunswick bureaucracies, and in the New Brunswick legislature.Hogg, Peter W. ''Constitutional Law of Canada.'' 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003. This w ...
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Section Sixteen One Of The Canadian Charter Of Rights And Freedoms
Section 16.1 of the ''Canadian Charter of Rights and Freedoms'' guarantees equality between English-speaking and French-speaking residents of New Brunswick. Enacted in 1993, it is the most recent addition to the Charter. Section 16.1 (pronounced "sixteen point one") is not to be confused with subsection 16(1) ("sixteen one"), which is part of section 16 and was part of the original 1982 text. Section 16.1 is a separate section; the "point one" numbering indicates that this new section was added between two existing sections without renumbering them. Text The section reads, Purpose Section 16.1 makes reference to a need for ''institutions'' for both language groups, including educational institutions, and it seemingly gives the provincial government powers to protect the right. This is not completely revolutionary in that this merely entrenches laws already found in ''An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick'' (1981), as not ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ...
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Louise Charron
Louise Charron, (born March 2, 1951) is a Canadian jurist. She was appointed to the Supreme Court of Canada in October, 2004, and is the first native-born Franco-Ontarian Supreme Court judge. (This distinction has sometimes been attributed to Louise Arbour, but Arbour was born and raised Québécoise.) Born in Sturgeon Falls, Ontario, Charron received a Bachelor of Arts degree from Carleton University in 1972, her Bachelor of Law degree from the University of Ottawa in 1975, and was called to the Bar of Ontario in 1977. She practiced civil litigation before joining the Crown Attorney's office in 1980. She then became a law professor at the University of Ottawa. She was appointed to the District Court of Ontario in 1988 and to the Court of Appeal for Ontario in 1995. Though she was eligible to sit on the bench until 2026, her retirement was announced in May 2011, and became effective August 30, 2011. She was appointed a Companion of the Order of Canada on December 30, 2012. S ...
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