Section 16.1 of the Canadian Charter of Rights and Freedoms

Section 16.1 of the Canadian Charter of Rights and Freedoms guarantees equality between English-speaking and French-speaking residents of New Brunswick.

(2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to subsection (1) is affirmed.Section 16.1 makes reference to a need for institutions for both language groups, including educational institutions, and it seemingly gives the provincial government powers to protect the right.

[2] This is not completely revolutionary in that this merely entrenches laws already found in An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick (1981), as noted in the 2001 Court of Appeal case Charlebois v. Mowat.

An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick[5] was enacted in 1981 by Premier Richard Hatfield.

[8] A Montreal Gazette article approved, calling the New Brunswick government "courageous" because of its resistance to the Confederation of Regions Party, and added that the section provided a "noble, generous vision of Canadian duality and co-existence.

"[9] It did attract some criticism, with columnist William Johnson claiming that Parliament had not fully analyzed the amendment and tried to stifle public discussion.

[3] Earlier, this columnist had also charged that enshrining collective rights in the Constitution was "alien to liberalism," and would undermine the individual in favour of a larger group; he also said section 16.1 excluded Aboriginal peoples in New Brunswick and could make them "second-class citizens."