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Section 19 of the ''Canadian Charter of Rights and Freedoms'' is one of the provisions of the Constitution of Canada that addresses rights relating to Canada's two official languages, English and French. Like section 133 of the ''Constitution Act, 1867'', section 19 allows anyone to speak English or French in federal courts. However, only section 133 extends these rights to Quebec courts, while section 19 extends these rights to courts in New Brunswick. New Brunswick is the only officially bilingual province under section 16 of the ''Charter''. ==Text== Section 19 reads, Section 19 is based on rights in section 133 of the ''Constitution Act, 1867.'' Section 133 provides that "either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec." However, unlike section 133, section 19(2) extends these rights to courts in New Brunswick. This was not entirely new, as section 13(1) of the ''Official Languages of New Brunswick Act'' (1973) provided for statutory language rights in New Brunswick courts. Still, the wording of section 19(2) follows section 133 more closely than section 13(1). In the 1986 Supreme Court case ''Société des Acadiens v. Association of Parents'', Justice Jean Beetz found this to be significant. Since section 133 rights are limited, constitutional language rights in New Brunswick courts are more limited than rights under section 13(1).〔Beetz J., ''Société des Acadiens v. Association of Parents'', () 1 S.C.R. 549.〕 Section 13(1) reads, Under section 23 of the Manitoba Act, people in Manitoba courts have rights similar to those in section 133. Hence, New Brunswick, Manitoba, and Quebec are the only provinces whose court systems constitutionally must provide such rights.〔Peter W. Hogg, ''Constitutional Law of Canada'', 2003 Student Ed. (Scarborough, Ontario: Thomson Canada Limited, 2003), page 1145.〕 Section 19(2) was controversial when the Charter was being negotiated. The Barristers' Society of New Brunswick considered the proposed provision and argued that over 90% of New Brunswick lawyers spoke only English and the section might emphasize the language of lawyers more so than their clients.〔Bastarache, Michel, Andre Braen, Emmanuel Didier and Pierre Foucher, ''Language Rights in Canada'', ed. Michel Bastarache, trans. Translation Devinat et Associés, Ottawa, (Montréal, Quebec: Editions Yvon Blais, 1987), p. 151.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Section Nineteen of the Canadian Charter of Rights and Freedoms」の詳細全文を読む スポンサード リンク
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