Section 16 of the Canadian Charter of Rights and Freedoms

[1] This was not entirely new, as Canada's Official Languages Act had provided for this at the federal level since 1969, and New Brunswick had similar legislation.

In Société des Acadiens v. Association of Parents (1986), Chief Justice Brian Dickson made reference to the "academic debate about the precise significance of s. 16," and the question of "Whether s. 16 is visionary, declaratory or substantive in nature."

Justice Bertha Wilson went on to speculate that section 16 is meant to represent an opportunity for expansion of language rights.

As far as New Brunswick is concerned, she added, bilingualism was considered "crucial" to "social and cultural development," and thus there should be "heightened public expectations" that this could be supported by the Charter.

Justice Wilson added that subsection 16(3) demonstrates that while language rights need to be improved, they should not be eroded once they have been established.