Legislations: Difference between revisions

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==Parliament of Québec==
==Parliament of Québec==


Québec laws are adopted in the National Assembly of Québec.
Québec laws are adopted in the National Assembly of Québec, the elective House of the Parliament of Québec.


* Search all [http://www.canlii.org/en/qc/ Quebec statutes, regulations, court cases]
* Search all [http://www.canlii.org/en/qc/ Quebec statutes, regulations, court cases]
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* 1990 - [http://www.tribunaux.qc.ca/mjq_en/TDP/index-tdp.html Québec Human Rights Tribunal]
* 1990 - [http://www.tribunaux.qc.ca/mjq_en/TDP/index-tdp.html Québec Human Rights Tribunal]
* 1975 - [http://www.cdpdj.qc.ca/en/home.asp Human Rights and Youth Rights Commission]
* 1975 - [http://www.cdpdj.qc.ca/en/home.asp Human Rights and Youth Rights Commission]
* 1975 - The [http://www.canlii.org/qc/laws/sta/c-12/20061117/whole.html ''Québec Charter of Human Rights and Freedoms'']
* 1975 - The ''[[Charter of human rights and freedoms|Québec Charter of Human Rights and Freedoms]]''


====Linguistic rights and language policy====
====Linguistic human rights and language policy====


Did you read the ''Charter of the French language'' (Bill 101)?
Did you read the ''Charter of the French language'' (Bill 101)?


* 1977 - [http://www.oqlf.gouv.qc.ca/english/charter/index.html ''The Charter of the French Language'']
* 1977 - The ''[[Charter of the French language]]''
* [http://www.oqlf.gouv.qc.ca/english/regulations.html ''Regulations adopted under the Charter of the French language'']
* [http://www.oqlf.gouv.qc.ca/english/regulations.html ''Regulations adopted under the Charter of the French language'']
* [http://www.oqlf.gouv.qc.ca/english/infoguides/ ''Infoguides on French language requirements'' (business, commerce, workplace)]
* [http://www.oqlf.gouv.qc.ca/english/infoguides/ ''Infoguides on French language requirements'' (business, commerce, workplace)]
* Brochure entitled [http://www.spl.gouv.qc.ca/publications/brochures/Questions/ang/questions_ang.html ''Questions and answers about Québec's language policy'']
* Brochure entitled [http://www.spl.gouv.qc.ca/fileadmin/medias/pdf/La_PLQ_en_questions_anglais.pdf ''Questions and answers about Québec's language policy'']
* Brochure entitled [http://www.spl.gouv.qc.ca/publications/brochures/vivre/anghtml/vivre_anglais.html ''Living in French in Québec'']
* Brochure entitled [http://www.spl.gouv.qc.ca/fileadmin/medias/pdf/VivreEnFrancais-ENG.pdf ''Living in French in Québec'']
* [http://www2.marianopolis.edu/quebechistory/docs/bill178/ ''Documents on the Controversy Surrounding the Language of Commercial Signs in Québec''], Quebec History, Marianopolis College
* [http://www2.marianopolis.edu/quebechistory/docs/bill178/ ''Documents on the Controversy Surrounding the Language of Commercial Signs in Québec''], Quebec History, Marianopolis College
* Read various [[Equality|educated opinions on the Charter of the French Language]]
* Read various [[Equality|educated opinions on the Charter of the French Language]]
* Compare Quebec's language policy to that of 347 other States and autonomous regions in [http://www.tlfq.ulaval.ca/axl/ ''L'aménagement linguistique dans le monde''] (French)
* Compare Quebec's language policy to that of 381 other States or autonomous regions in [http://www.tlfq.ulaval.ca/axl/ ''L'aménagement linguistique dans le monde''] (French)


==== Rights of the Amerindians and the Inuit ====
==== Rights of the Amerindians and the Inuit ====


* 1985 - A resolution of the National Assembly recognizes the existence of distinct aboriginal nations on the territory of Quebec and defines 5 collective rights of those nations: right to autonomy inside Quebec, right to their own culture, language and traditions, right to own and control lands, right to hunt, fish and harvest natural ressources and participate to the management of wildlife, right to participate to the economic development of Quebec and to benefit from it.
* 1985 - A resolution of the National Assembly recognizes the existence of distinct aboriginal nations on the territory of Quebec and defines 5 collective rights of those nations: right to autonomy inside Quebec, right to their own culture, language and traditions, right to own and control lands, right to hunt, fish and harvest natural ressources and participate to the management of wildlife, right to participate to the economic development of Quebec and to benefit from it.
* [http://www.autochtones.gouv.qc.ca/index_en.asp Secrétariat aux affaires autochtones Secrétariat aux affaires autochtones]
* [http://www.autochtones.gouv.qc.ca/index_en.asp Secrétariat aux affaires autochtones]


===Political status===
===Political status===


* 1999 - [http://www.canlii.org/qc/laws/sta/e-20.2/20060926/whole.html ''Rights and Prerogatives of the people of Québec''] (Bill 99)
* 1999 - ''[[An Act respecting the exercise of the fundamental rights and prerogatives of the Québec people and the Québec State]]'' (Bill 99)
* 1995 - ''[[Act Respecting the Future of Québec|An Act Respecting the Future of Québec]]''
* 1995 - ''[[Act Respecting the Future of Québec|An Act Respecting the Future of Québec]]''


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===Law to prevent a winning referendum===
===Law to prevent a winning referendum===


* 1998 - [http://www.canlii.org/ca/sta/c-31.8/whole.html ''Clarity Act''] (Bill C-20)
* 1998 - ''[[Clarity Act]]'' (Bill C-20)
* 1998 - [http://www.canlii.org/ca/cas/scc/1998/1998scc63.html ''Opinion of the Supreme Court of Canada on the Reference re to the Secession of Québec'']
* 1998 - ''[[Reference re Secession of Quebec]]''


== Historical legislation ==
== Historical legislation ==
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=== Repairing injustices ===
=== Repairing injustices ===


* 1848 - An act of the British parliament re-establishes the legal use of the French language in the Parliament and in the Courts of the united Province of Canada.
* 1848 - An act of the British parliament re-establishes the legal use of the French language in the Parliament and in the Courts of the united Province of Canada. The status of French thus went back to what it was since 1793: a mere translation language.
* 1832 - [http://www2.marianopolis.edu/quebechistory/docs/jews/1832act.htm ''An Act to declare persons of the Jewish Religion entitled to all of the rights and privileges of the other subjects of His Majesty in this Province''], adopted on June 5, by the Legislative Assembly of Lower Canada. The House of Assembly was then under a majority of members of the ''Parti patriote'' lead by Louis-Joseph Papineau.
* 1832 - [http://www2.marianopolis.edu/quebechistory/docs/jews/1832act.htm ''An Act to declare persons of the Jewish Religion entitled to all of the rights and privileges of the other subjects of His Majesty in this Province''], adopted on June 5, by the Legislative Assembly of Lower Canada. The House of Assembly was then under a majority of members of the ''Parti patriote'' lead by [[Louis-Joseph Papineau]].


=== Against French Canadians ===
=== Against French Canadians ===


Note: These discriminatory laws against French speakers and Catholics are no longer in force today. However, the result of their application is sound: Québec is today an anglicized French-speaking province while Canada outside Québec is predominantly and irreversibly English-speaking. The adoption, in 1977, of the ''Charter of the French Language'' marked the beginning of efforts to redress the position of the French language inside Québec.
<!--  


* 1916 - Province of Manitoba: The Thornton Bill completely abolishes the teaching of French in the province
http://www.fcfa.ca/media_uploads/pdf/89.pdf Francophone Community Profile of Manitoba, 2nd Edition 2004
* 1912 - Province of Ontario: ''Circular of Instructions No. 17'' and ''No. 18''. Forbids the teaching of French above the first two grades of elementary school with the infamous ''Regulation 17''.
 
* 1890 - Province of Manitoba: ''Official Language Act'' banning French, formerly an official language in the province. Premier Greenway diminishes the rights to French school, abolishes its use in the Parliament and in the Courts of the province. The act was declared anti-constitutional 90 years later!
http://www.mcgill.ca/files/maritimelaw/History_Appendices_2005.pdf Timeline for Manitoba and others
 
http://books.google.com/books?id=GNYl40r3NHsC&hl=fr Manitoba's French-Language Crisis A Cautionary Tale, by Raymond M Hebert, McGill-Queen's Press, 2005
 
-->
 
Note: These discriminatory laws against French speakers and Catholics are no longer in force today. However, the result of their application is undeniable: Québec is today an anglicized French-speaking province while Canada outside Québec is predominantly and irreversibly English-speaking. The adoption, in 1977, of the ''Charter of the French Language'' marked the beginning of serious legislative efforts to redress the position of the French language inside Québec.
 
* 1916 - Province of Manitoba: The ''Thornton Act'', by abolishing bilingual schools, completely ends the teaching of French in the province
* 1912 - Province of Ontario: ''[[Regulation 17|Circular of Instructions No. 17]]'' and ''No. 18''. Forbids the teaching of French above the first two grades of elementary school.
* 1890 - Province of Manitoba: ''[[Act to provide that the English Language shall be the Official Language of the Province of Manitoba|Official Language Act]]'' banning French, formerly an official language in the province. Premier Greenway diminishes the rights to French school, abolishes its use in the Parliament and in the Courts of the province. The act was declared anti-constitutional 90 years later!
* 1877 - Province of Prince-Edward-Island: The ''Public School Act'' puts an end to the teaching of French in schools.
* 1877 - Province of Prince-Edward-Island: The ''Public School Act'' puts an end to the teaching of French in schools.
* 1871 - Province of New Brunswick: The ''Common School Act'' imposes double taxation measures against French Catholic schools.
* 1871 - Province of New Brunswick: The ''Common School Act'' imposes double taxation measures against French Catholic schools.
* 1864 - Province of Nova Scotia: The act on public schools suppresses all subsidies to Catholic and French language schools.
* 1864 - Province of Nova Scotia: The act on public schools suppresses all subsidies to Catholic and French language schools.
* 1840 - Great Britain: The Parliament of Great Britain adopts ''An Act to reunite the Provinces of Upper and Lower Canada, and for the Government of Canada'' which places the former Franco-Catholic majority of Lower Canada in an artificially created position of minority in a new Parliament inside which they were purposely under-represented. The French language is banned in the Parliament, Courts and all other governmental bodies of the new united province. French is explicitly banned in a constitutional text of law for the first time in history.
* 1840 - Great Britain: The Parliament of Great Britain adopts ''[[An Act to reunite the Provinces of Upper and Lower Canada, and for the Government of Canada|An Act to reunite the Provinces of Upper and Lower Canada, and for the Government of Canada]]'' which places the former Franco-Catholic majority of Lower Canada in an artificially-created position of minority in a new Parliament inside which they were purposely under-represented. The French language is banned in the Parliament, Courts and all other governmental bodies of the new united province. French is explicitly banned in a constitutional text of law for the first time in history.
* 1791 - Great Britain: The ''Constitutional Act'' installs a real Parliament with an elective House of Assembly in Lower Canada. From 1792 through 1838, the elected representatives of the House of Assembly are systematically denied their constitutional right to regulate the spendings of the government and have a say on the appointment of civil servants. The constitution is suspended in 1838.
* 1791 - Great Britain: The ''[[Constitutional Act of 1791|Constitutional Act]]'' installs a real Parliament with an elective House of Assembly in Lower Canada. From 1792 through 1838, the elected representatives of the House of Assembly are systematically denied their constitutional right to regulate the spendings of the government and have a say on the appointment of civil servants. The constitution is suspended in 1838.
* 1774 - Great Britain: The ''Quebec Act'' restores part of the French civil law institutions and creates a crippled Parliament of Quebec. The British subjects of the province are still denied their constitutional rights to an elective House of Assembly.
* 1774 - Great Britain: The ''[[An Act for making more effectual Provision for the Government of the Province of Quebec in North America|Quebec Act]]'' restores part of the French civil law institutions and creates a crippled Parliament of Quebec. The British subjects of the province continue to be denied their constitutional rights to an elective House of Assembly.
* 1763 - Ignoring the ''Treaty of Paris'', the ''Royal Proclamation'' orders the implantation of English laws and institutions to supplant the French civil laws and institutions in the Province of Quebec. All Catholics are legally excluded from holding public offices.
* 1763 - Ignoring the ''[[Treaty of Paris of 1763|Treaty of Paris]]'', the ''[[Royal Proclamation of 1763|Royal Proclamation]]'' orders the implantation of English laws and institutions to supplant the French civil laws and institutions in the Province of Quebec. All Catholics are legally excluded from holding public offices.


=== Against First Nations ===
=== Against First Nations ===
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Note: Most of these laws were inspired by similar British or American laws. They are no longer in force today.
Note: Most of these laws were inspired by similar British or American laws. They are no longer in force today.


* 1952 - Law specifying "White if possible"
* 1952 - Immigration law specifying "White if possible"
* 1942 - Law confiscating goods of Japanese Immigrants
* 1942 - Law confiscating goods of Japanese Immigrants
* 1927 - National Security Law
* 1927 - National Security Law
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== International treaties ==
== International treaties ==


* 1763 - The ''Treaty of Paris'' confirms France's cession of Canada to Great Britain.
* 1763 - The ''[[Treaty of Paris of 1763|Treaty of Paris]]'' confirms France's cession of Canada to Great Britain.
* 1760 - ''Articles of Capitulation'': The government of New France capitulates in Montreal.
* 1760 - ''[[Articles of Capitulation of Montreal|Articles of Capitulation]]'': The government of New France capitulates in Montreal.


==See also==
==See also==


* [[Constitution]]
* [[Constitution]]
* Jacques Leclerc, [http://www.tlfq.ulaval.ca/axl/amnord/cnd-lois_ling.htm ''Législations linguistiques adoptées au Canada''], in ''L'aménagement linguistique dans le monde'', 22 septembre, 2006 (French)
* Jacques Leclerc, "[http://www.tlfq.ulaval.ca/axl/amnord/cnd-lois_ling.htm Législations linguistiques adoptées au Canada]", in ''L'aménagement linguistique dans le monde'', 22 septembre, 2006 (French)

Latest revision as of 06:59, 2 January 2011

This page presents some of the most important legislations that are or used to be in force in Quebec and Canada.

Parliament of Québec

Québec laws are adopted in the National Assembly of Québec, the elective House of the Parliament of Québec.

Human rights instruments

Did you know Québec adopted a Charter of Human Rights in 1975?

Linguistic human rights and language policy

Did you read the Charter of the French language (Bill 101)?

Rights of the Amerindians and the Inuit

  • 1985 - A resolution of the National Assembly recognizes the existence of distinct aboriginal nations on the territory of Quebec and defines 5 collective rights of those nations: right to autonomy inside Quebec, right to their own culture, language and traditions, right to own and control lands, right to hunt, fish and harvest natural ressources and participate to the management of wildlife, right to participate to the economic development of Quebec and to benefit from it.
  • Secrétariat aux affaires autochtones

Political status

Parliament of Canada

Human rights instruments

Current constitution and language policy

Law to prevent a winning referendum

Historical legislation

Repairing injustices

Against French Canadians

Note: These discriminatory laws against French speakers and Catholics are no longer in force today. However, the result of their application is undeniable: Québec is today an anglicized French-speaking province while Canada outside Québec is predominantly and irreversibly English-speaking. The adoption, in 1977, of the Charter of the French Language marked the beginning of serious legislative efforts to redress the position of the French language inside Québec.

  • 1916 - Province of Manitoba: The Thornton Act, by abolishing bilingual schools, completely ends the teaching of French in the province
  • 1912 - Province of Ontario: Circular of Instructions No. 17 and No. 18. Forbids the teaching of French above the first two grades of elementary school.
  • 1890 - Province of Manitoba: Official Language Act banning French, formerly an official language in the province. Premier Greenway diminishes the rights to French school, abolishes its use in the Parliament and in the Courts of the province. The act was declared anti-constitutional 90 years later!
  • 1877 - Province of Prince-Edward-Island: The Public School Act puts an end to the teaching of French in schools.
  • 1871 - Province of New Brunswick: The Common School Act imposes double taxation measures against French Catholic schools.
  • 1864 - Province of Nova Scotia: The act on public schools suppresses all subsidies to Catholic and French language schools.
  • 1840 - Great Britain: The Parliament of Great Britain adopts An Act to reunite the Provinces of Upper and Lower Canada, and for the Government of Canada which places the former Franco-Catholic majority of Lower Canada in an artificially-created position of minority in a new Parliament inside which they were purposely under-represented. The French language is banned in the Parliament, Courts and all other governmental bodies of the new united province. French is explicitly banned in a constitutional text of law for the first time in history.
  • 1791 - Great Britain: The Constitutional Act installs a real Parliament with an elective House of Assembly in Lower Canada. From 1792 through 1838, the elected representatives of the House of Assembly are systematically denied their constitutional right to regulate the spendings of the government and have a say on the appointment of civil servants. The constitution is suspended in 1838.
  • 1774 - Great Britain: The Quebec Act restores part of the French civil law institutions and creates a crippled Parliament of Quebec. The British subjects of the province continue to be denied their constitutional rights to an elective House of Assembly.
  • 1763 - Ignoring the Treaty of Paris, the Royal Proclamation orders the implantation of English laws and institutions to supplant the French civil laws and institutions in the Province of Quebec. All Catholics are legally excluded from holding public offices.

Against First Nations

Note: Most of these laws were inspired by similar British or American laws. They are no longer in force today.

  • 1876 - The Indian Act is adopted to "manage" the aboriginal human populations of the Dominion of Canada.
  • 1851 - First Indian reserves created based on the American example.

Against various immigrant minorities

Note: Most of these laws were inspired by similar British or American laws. They are no longer in force today.

  • 1952 - Immigration law specifying "White if possible"
  • 1942 - Law confiscating goods of Japanese Immigrants
  • 1927 - National Security Law
  • 1923 - Empire Settlement Act/Chinese Immigration Act
  • 1911 - Law blocking the entry of Blacks and Asians
  • 1885 - Law restricting Chinese Immigration

International treaties

See also