The Canadian Constitution Needs to Be Amended for Canada to Fully Embrace Multiculturalism

Abstract

Reform is needed in the Canadian Charter of Rights and Freedoms to remove Section 16 that recognizes French and English as the two official languages. This clause is problematic as bilingualism is not consistent with the goals of multiculturalism. I argue first that bilingualism violates Section 15, which guarantees formal and substantive equality, as it creates a cultural and linguistic hierarchy. Secondly, I argue how bilingualism violates Section 2, specifically the freedom to choose the language to express themselves. I counter-argue my position and state that even if Canada removes Section 16, it is not substantial to protect the fundamental rights of marginalized citizens living in Quebec as Quebec can utilize Section 33 to override the Court. I respond to this perspective and conclude that removing Section 16 remains necessary to equalize the judicial powers of provinces and for Canada to advance forward with Indigenous reconciliation.