Constitutional Ideology, Language Rights and Political Disunity in Canada

Abstract

This study argues that an important source of political disunity in Canada has been the constitutional ideology adopted by common law lawyers during this century. This ideology has ignored the importance of constitutional obligations to protect the French language undertaken prior to Confederation. It has prevented the lawyer and judge from taking account of the transformation of political power in Canada during this century. The ideology has also precluded the very possibility of the existence of fundamental rights, let alone language rights, without which minorities can have little confidence in the future.