Report on Commissioner Théberge's interventions before the courts from 2018 to 2025: The importance of building a foundation for language rights

GATINEAU, QC, Jan. 27, 2025 /CNW/ - Commissioner of Official Languages of Canada Raymond Théberge today published his report called Protecting Language Rights: Report on the Commissioner's Interventions Before the Courts (2018–2025).

The report highlights 13 interventions in which the Commissioner participated, including two appeals concerning Canada'sOfficial Languages Act that he himself initiated. Also of note are his five interventions before the Supreme Court of Canada to put forth innovative arguments regarding the right to minority‑language education.

The document enables readers to fully appreciate the need for the Commissioner to take a position before the courts in order to contribute to the protection of language rights and the advancement of case law in this field.

Specifically, Commissioner Théberge has defended fundamental rights such as access to the courts in the language of one's choice, the public's right to receive services and communications in the language of their choice and the right to work in the official language of one's choice in the public service. In this way, the Commissioner has directly contributed to the rich heritage of case law that Canadians can rely on to ensure that their language rights are respected.

Significant effort and resources are required to file proceedings or appeal a decision. While the Commissioner's interventions have helped advance the language rights of Canadians, it is important to note that it would be better to prevent violations rather than try to resolve them once the damage has been done. Decision makers must take concrete measures and propose long-lasting solutions to ensure the protection of language rights in Canada.

Quote

"The decisions obtained during my interventions before the courts have been favourable to the protection of language rights in Canada. Each decision has helped enrich the case law that is the very foundation Canadians stand on to claim their language rights when it comes to accessing justice, education and even the vitality of official language minority communities.

Nevertheless, the progress achieved during my mandate is not immutable. We must all stay vigilant against anything that would erode our language rights."

- Raymond Théberge, Commissioner of Official Languages of Canada

Highlights

Seven cases in which the Commissioner intervened under Canada'sOfficial Languages Act (the Act)

• 2018
  • Mazraani v Industrial Alliance Insurance and Financial Services Inc., 2018 SCC 50, in regard to Part III of the Act
• 2019
  • Thibodeau v Air Canada, 2019 FC 1102, in regard to Part IV of the Act
  • Thibodeau v Halifax International Airport Authority, 2019 FC 1149, in regard to Part IV of the Act
  • Dionne v Canada (Office of the Superintendent of Financial Institutions), 2019 FC 879, in regard to Part V of the Act
• 2020
  • Thibodeau v St. John's International Airport Authority, 2022 FC 563, in regard Part IV of the Act 
  • Thibodeau v Greater Toronto Airports Authority, 2024 FC 274, in regard to Part IV of the Act
• 2022
  • St. John's International Airport Authority v Thibodeau, 2024 FCA 197, in regard to Part IV of the Act 

Two cases in which the Commissioner intervened under the Canadian Charter of Rights and Freedoms

• 2020
  • Conseil scolaire francophone de la Colombie-Britannique v British Columbia, 2020 SCC 13, in regard to Section 23 of the Canadian Charter of Rights and Freedoms
• 2023
  • Commission scolaire francophone des Territoires du Nord-Ouest v Northwest Territories (Education, Culture and Employment), 2023 SCC 31, in regard to Section 23 of the Canadian Charter of Rights and Freedoms

Two cases in which the Commissioner intervened under the Criminal Code

• 2019
  • Bessette v British Columbia (Attorney General), 2019 SCC 31, in regard to Section 530 of the Criminal Code and section 133 of the Offence Act, RSBC 1996, c 338
• 2023
  • R v Tayo Tompouba, 2024 SCC 16, in regard to Subsection 530(3) of the Criminal Code

Two appeals initiated by the Commissioner under the Act

• 2018
  • Canada (Commissioner of Official Languages) v Canada (Employment and Social Development), 2022 FCA 14, in regard toParts IV and VII of the Act
• 2021
  • Canada (Commissioner of Official Languages) v Office of the Superintendent of Financial Institutions, 2021 FCA 159, in regard to Part V of the Act

Related links

Report: Protecting Language Rights: Overview of the Commissioner's Interventions in the Courts (2018–2025)

Infographic: Overview of the Commissioner's Interventions in the Courts (2018–2025): Building the foundation of language rights

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SOURCE Office of the Commissioner of Official Languages