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Date: 2023-07-12
By: PrimaryDocuments.ca
Citation: PrimaryDocuments.ca, Section 19, Right to English or French in Courts: Compilation of primary documents to assist in interpreting the public meaning of Section 19 of the Constitution Act, 1982, First Ed. (July 2023).
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SECTION 19

Right to English or French in Courts

Compilation of primary documents to assist in interpreting the public meaning of Section 19 of the Constitution Act, 1982

First Edition

July, 2023

The Constitution Act, 1982

Part I. Canadian Charter of Rights and Freedoms

Official Languages of Canada

Proceedings in courts established by Parliament

Section 19(1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

Proceedings in New Brunswick courts

Section 19(2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick.

PART 1:

Drafting History of the Charter of Rights and Freedoms Pertaining to Section 19’s Public Meaning

Drafts of the Charter of Rights and Freedoms:

January 22, 1979: Proposed Charter of Rights & Freedoms, Ontario Draft tabled at the Continuing Committee of Ministers on the Constitution (January 22-24, 1979)
October 17, 1979: Rights and Freedoms within the Canadian Federation, Federal Draft, tabled at the Continuing Committee of Ministers on the Constitution (October 22-23, 1979)
November 5, 1979: Rights and Freedoms within the Canadian Federation, Federal Draft, tabled at the Meeting of Officials on the Constitution (November 15-16, 1979)
July 4, 1980: Rights and Freedoms within the Canadian Federation, Discussion Draft, Tabled at the Continuing Committee of Ministers on the Constitution (July 8-11, 1980)
August 22, 1980: The Canadian Charter of Rights and Freedoms, Federal Draft, Tabled at the Continuing Committee of Ministers on the Constitution (August 26-29, 1980)
September 3, 1980: The Charter of Rights and Freedoms, Revised Discussion Draft, Federal, tabled at the Federal-Provincial First Ministers’ Conference (September 8-12, 1980)
October 2, 1980: Proposed Resolution for a Joint Address to Her Majesty the Queen Respecting the Constitution of Canada
January 12, 1981: Draft submitted to the Special Joint Committee on the Constitution of Canada
February 13, 1981: Draft Tabled in House of Commons from the Special Joint Committee on the Constitution [Final Report]
April 23, 1981: House of Commons Draft, used in Reference Re: Resolution to Amend the Constitution
November 18, 1981: House of Commons Draft
November 24, 1981: House of Commons Draft
November 26, 1981: House of Commons Draft
December 2, 1981: House of Commons Draft & Vote

Statutes and International Agreements:

1978: Bill C-60: An Act to amend the Constitution of Canada

[This section is incomplete]

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Drafts of the Charter of Rights and Freedoms

January 22, 1979: Proposed Charter of Rights & Freedoms, Ontario Draft tabled at the Continuing Committee of Ministers on the Constitution (January 22-24, 1979)

13. (1) Either English or French may be used by any person in, or in any pleading or process in or issuing from, the Supreme Court of Canada or any court constituted by Parliament.

(2) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of a province, to the greatest extent possible accordingly as the legislature of the province prescribes.

(Source: Continuing Committee of Ministers on the Constitution, Proposed Charter of Rights & Freedoms, Ontario Draft, Doc 830-70/042 (Vancouver: 22-24 January, 1979). Click HERE)

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October 17, 1979: Rights and Freedoms within the Canadian Federation, Federal Draft, tabled at the Continuing Committee of Ministers on the Constitution (October 22-23, 1979)

10. Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court constituted by Parliament.

[…]

14. (1) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of (named provinces).

(2) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of a province not referred to in subsection (1), to the greatest extent practicable accordingly as the legislature of the province prescribes.

(3) In proceedings in any court in Canada relating to an offence

(a) created by or pursuant to an Act of Parliament, or

(b) created by or pursuant to an Act of the legislature of a province if the punishment for the offence may be imprisonment,

any person giving evidence before the court has the right to be heard in English or French, as he or she may choose, through the services of an interpreter where necessary, and the right not to be placed at a disadvantage in so being heard.

(4) The legislature of a province may prescribe the date or dates on which the rights provided for by this section are to have effect in all or some parts of the province, and nothing in this section precludes the application of such rules as may be prescribed by any competent body or authority for the orderly implementation and operation of this section.

(Source: Continuing Committee of Ministers on the Constitution, Rights and Freedoms within the Canadian Federation Federal Draft , [October 17, 1979] (Halifax: 22-23 October, 1979). Click HERE)

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November 5, 1979: Rights and Freedoms within the Canadian Federation, Federal Draft, tabled at the Meeting of Officials on the Constitution (November 15-16, 1979)

10. Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court constituted by Parliament.

[…]

14. (1) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of (named provinces).

(2) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of a province not referred to in subsection (1), to the greatest extent practicable accordingly as the legislature of the province prescribes.

(3) In proceedings in any court in Canada relating to an offence

(a) created by or pursuant to an Act of Parliament, or

(b) created by or pursuant to an Act of the legislature of a province if the punishment for the offence may be imprisonment,

any person giving evidence before the court has the right to be heard in English or French, as he or she may choose, through the services of an interpreter where necessary, and the right not to be placed at a disadvantage in so being heard.

(4) The legislature of a province may prescribe the date or dates on which the rights provided for by this section are to have effect in all or some parts of the province, and nothing in this section precludes the application of such rules as may be prescribed by any competent body or authority for the orderly implementation and operation of this section.

(Source: Meeting of Officials on the Constitution, Rights & Freedoms within Canadian Federation, Federal Draft, [November 5, 1979], Doc 840-177/005 (Toronto: 15-16 November, 1979). Click HERE)

—–o0o—–

July 4, 1980: Rights and Freedoms within the Canadian Federation, Discussion Draft, Tabled at the Continuing Committee of Ministers on the Constitution (July 8-11, 1980)

13. (1) Either English or French may be used by any person in, or in any pleading or process in or issuing from, the Supreme Court of Canada or any court constituted by Parliament.

(2) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of Ontario, Quebec, New Brunswick and Manitoba.

(3) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of a province not referred to in subsection (2), to the greatest extent practicable accordingly as the legislature of the province prescribes.

(4) In proceedings in any court in Canada relating to an offence

a) created by or pursuant to an Act of Parliament, or

b) created by or pursuant to an Act of the legislature of a province if the punishment for the offence may be imprisonment,

any person giving evidence before the court has the right to be heard in English or French, through the services of an interpreter where necessary, and the right not to be placed at a disadvantage is so being heard.

(5) Nothing in this section precludes the application of such rules as may be prescribed by any competent body or authority for the orderly implementation and operation of this section.

(Source: Meeting of the Continuing Committee of Ministers on the Constitution, Rights and Freedoms within the Canadian Federation, Discussion Draft. Tabled by the Delegation of the Government of Canada, 4 July 1980, Doc 830-81/027 (Montreal: 8-11 July 1980). Click HERE)

—–o0o—–

August 22, 1980: The Canadian Charter of Rights and Freedoms, Federal Draft, Tabled at the Continuing Committee of Ministers on the Constitution (August 26-29, 1980)

21. (1) Either English or French may be used by any person in, or in any pleading or process in or issuing from, the Supreme Court of Canada or any court established by Parliament.

(2) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of Ontario, Quebec, New Brunswick or Manitoba.

(3) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of a province not referred to in subsection (2), to the greatest extent

practicable accordingly as the legislature prescribes.

(4) Nothing in this section precludes the making of such rules by any competent body or authority for the orderly implementation and operation of this section.

(Source: Continuing Committee of Ministers on the Constitution, The Canadian Charter of Rights and Freedoms, Federal Draft , [August 22, 1980] Doc 830-84/004 (Ottawa: 26-29 August 1980). Click HERE)

—–o0o—–

September 3, 1980: The Charter of Rights and Freedoms, Revised Discussion Draft, Federal, tabled at the Federal-Provincial First Ministers’ Conference (September 8-12, 1980)

19. (1) Either English or French may be used by any person in, or in any pleading or process in or issuing from, the Supreme Court of Canada or any court established by Parliament.

(2) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of Ontario, Quebec, New Brunswick or Manitoba.

(3) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of a province not referred to in subsection (2), to the greatest extent practicable accordingly as the legislature prescribes.

(4) Nothing in this section precludes the making of such rules by any competent body or authority for the orderly implementation and operation of this section.

(Source: Federal-Provincial First Ministers’ Conference, The Canadian Charter of Rights and Freedoms, Revised Discussion Draft, Federal, [September 3, 1980] Doc 800-14/064 (Ottawa: 8-12 September 1980). Click HERE)

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October 2, 1980: Proposed Resolution for a Joint Address to Her Majesty the Queen Respecting the Constitution of Canada

19. Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

(Source: Canada, Parliament, “Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada” in Sessional Papers (1980). Click HERE)

—–o0o—–

January 12, 1981: Draft submitted to the Special Joint Committee on the Constitution of Canada

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

(2) Either English or French may be used by any person in, or any pleading in or process issuing from, any court of New Brunswick.

(Source: Canada, Parliament, Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 36 (12 January 1981). Click HERE)

—–o0o—–

February 13, 1981: Draft Tabled in House of Commons from the Special Joint Committee on the Constitution [Final Report]

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

(2) Either English or French may be used by any person in, or any pleading in or process issuing from, any court of New Brunswick.

(Source: Canada, Parliament, Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 57 [Final Report] (13 February 1981). Click HERE)

—–o0o—–

April 23, 1981: House of Commons Draft, used in Reference Re: Resolution to Amend the Constitution

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

(2) Either English or French may be used by any person in, or any pleading in or process issuing from, any court of New Brunswick.

(Source: Canada, House of Commons Debates, 32nd Parl, 1st Sess, 1981 at 9470-9471. Click HERE)

—–o0o—–

November 18, 1981: House of Commons Draft

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

(2) Either English or French may be used by any person in, or any pleading in or process issuing from, any court of New Brunswick.

(Source: Canada, House of Commons Debates, 32nd Parl, 1st Sess, 1981 at 12983-13011. Click HERE)

—–o0o—–

November 24, 1981: House of Commons Draft

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

(2) Either English or French may be used by any person in, or any pleading in or process issuing from, any court of New Brunswick.

(Source: Canada, House of Commons Debates, 32nd Parl, 1st Sess, 1981 at 4128-4130. Click HERE)

—–o0o—–

November 26, 1981: House of Commons Draft

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

(2) Either English or French may be used by any person in, or any pleading in or process issuing from, any court of New Brunswick.

(Source: Canada, House of Commons Debates, 32nd Parl, 1st Sess, 1981 at 13338-13346. Click HERE)

—–o0o—–

December 2, 1981: House of Commons Draft & Vote

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

(2) Either English or French may be used by any person in, or any pleading in or process issuing from, any court of New Brunswick.

(Source: Canada, House of Commons Debates, 32nd Parl, 1st Sess, 1981 at 13632-13663. Click HERE)

—–o0o—–

Statutes and International Agreements

June 20, 1978: Bill C-60: An Act to amend the Constitution of Canada

16. (1) Either English or French may be used by any person in, or in any pleading or process in or issuing from, the Supreme Court of Canada or any court constituted by the Parliament of Canada.

(2) Either English or French may be used by any person in, or in any pleading or process in or issuing from, city court of Ontario, Québec or New Brunswick.

(3) In proceedings in any court in Canada

—in which, in a criminal matter, the court is exercising any Criminal jurisdiction conferred on it by or pursuant to an Act of the Parliament or Canada, or

—in which, in a matter relating to an offence for which an individual charged with that offence is subject to be imprisoned if he or she is convicted thereof. the court is exercising any jurisdiction conferred on it by or pursuant to an Act of the legislature of any province, any individual giving evidence before the court has the right to be heard in English or French, as he or she may choose, and in being so heard, not to be placed at a disadvantage by not being heard, or being unable to be heard, in the other of those languages.

17. Nothing in section 16 shall be held to preclude the application, to or in respect of proceedings in any court described in subsection 16(2), or to or in respect of any proceedings described in subsection 16(3), of such rules for regulating the procedure in any such proceedings, including rules respecting the giving of notice, as may be prescribed by any competent body or authority in that behalf pursuant to law for the effectual execution and working of the provisions of either of those subsections.

(Source: Bill C-60, An Act to amend the Constitution of Canada with respect to matters coming within the legislative authority of the Parliament of Canada, and to approve and authorize the taking of measures necessary for the amendment of the Constitution with respect to certain other matters, 3rd Sess, 30th Parl, SC, 1978 (June 20, 1978). Click HERE)

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