The Canadian Constitution Needs to Be Amended for Canada to Fully Embrace Multiculturalism
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.
How to Cite
Copyright (c) 2022 Tina Kim
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Authors retain copyright and grant the journal right of first publication.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work with an acknowledgement of its initial publication to this journal.