| Section Sixteen One Of The Canadian Charter Of Rights And Freedoms |
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| CATEGORIES ABOUT SECTION SIXTEEN ONE OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS | |
| 1993 in law | |
| bilingualism in canada | |
| section 16.1 | |
| canadian charter of rights and freedoms | |
| new brunswick law | |
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Section Sixteen One of the ''Canadian Charter of Rights and Freedoms'' is the newest section of the '' Charter ''. It was enacted by the '''''Constitution Amendment, 1993 (New Brunswick)''''' and guarantees Equality between English -speaking and French -speaking New Brunswick ers. Section 16.1 is not to be confused with ''sub''section 16(1), which is part of Section 16 and goes back to 1982. Indeed, constitutional scholar Peter Hogg treats section 16.1 as a separate section.Hogg, Peter W. ''Constitutional Law of Canada.'' 2003 Student Ed. (Scarborough, Ontario: Thomson Canada Limited, 2003), p. 1214. TEXT The section reads, 16.1 (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities. (2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to subsection (1) is affirmed. PURPOSE Section 16.1 makes reference to a need for '' Institutions '' for both Language groups, including Educational intitutions, 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 noted in the 2001 Court Of Appeal case ''Charlebois v. Mowat''. In said case, the court considered the argument that section 16.1, as well as subsections 16(2) and . HISTORY ''An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick'' was enacted by Premier Richard Hatfield , in what was called a "separate but equal" approach of providing separate School Board s for both linguistic groups. Its principles were incorporated into the Constitution Of Canada , through section 16.1, in response to a shift in provincial politics in the early 1990s . Whereas all parties had supported the rise of bilingualism in New Brunswick, in 1991 a new party called the Confederation Of Regions Party gained a presence in the legislature, with a philosophy that was opposed to bilingualism. The legislation was thus constitutionalized by a pro-bilingualism provincial government, to ensure the survival of the language rights.Dyck, Rand. ''Canadian Politics: Critical Approaches.'' Third ed. (Scarborough, Ontario: Nelson Thomson Learning, 2000), p. 95. Section 43 of the ''Constitution Act, 1982'' was the part of the Amending Formula used to add section 16.1 to the ''Charter''. This meant the amendment was approved by the province affected (New Brunswick) and the Canadian Senate and Canadian House Of Commons . The amendment then was signed by Prime Minister Brian Mulroney , Attorney General Pierre Blais , and Registrar General Pierre H. Vincent , under a proclamation of Governor General Ray Hnatyshyn in Ottawa on March 12, 1993. FOOTNOTES EXTERNAL LINKS
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