Reference re Manitoba Language Rights
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Reference re Manitoba Language Rights [1985] 1 S.C.R. 721 was a reference question posed to the Supreme Court of Canada regarding provisions in the Manitoba Act stipulating the provision of French language services in the province of Manitoba. The ruling came down from the Supreme Court in 1984.
Four questions were asked:
- Are sections 133 of the Constitution Act, 1867 and 23 of the Manitoba Act, 1870, requiring laws be in both French and English, mandatory in Manitoba, Quebec, and Parliament?
- If so, are those Manitoban laws not printed in both languages invalid under section 23 of the Manitoba Act?
- If so, do the laws have any force and effect, and if so to what extent?
- Are any of the provisions of An Act Respecting the Operation of Section 23 of the Manitoba Act in Regard to Statutes inconsistent with section 23 of the Manitoba Act, 1870, and if so are the provisions invalid and of no legal force and effect?
The Court found that the Constitution Act, 1867 and the Manitoba Act, 1870 did require both languages and that those that violated it were of no force and effect; however, they will be deemed temporarily valid for a time until translations can be re-enacted.
