L'INTERPRETATION DES DROITS LINGUISTIQUES
AbstractWith Beaulac, the Supreme Court confirmed that language rights are subject to the purposive analysis, like other constitutional guarantees. In the language rights context, the analysis must distinguish the nature of such rights from others like the freedom of expression and the principles of fundamental justice. Each right has its own purpose. In that regard, it is not the purpose of the freedom of expression or the right to a full answer and defence to protect the use of a language, contrary to language rights. The latter has a cultural dimension that do not have the other two. It requires specific measures by the State to ensure their protection. The courts will avoid imposing impracticable or unrealistic solutions. When there is more than one way to fulfil an obligation, it will be incumbent on the public authorities to select the one that they will consider more appropriate.
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