Bill C-13 and the Constitutionally Conflicting Bilingualism in Canada: An Analysis of Three Provincial Approaches to Separate French Education Following the Implementation of the Official Languages Act and Its Larger Impact

Abstract

The Official Languages Act (OLA) was enacted in 1969, making French and English the official languages of Canada. On May 13, 2023, the federal government amended the OLA for the first time since its creation in 1969 through Bill C-13. While scholars focus on what has been noted as the “big issue” with Bill C-13 – the possible excessive use of the “notwithstanding clause” – I argue that the impact of provincial legislation produced in response to Bill C-13 has been overlooked. By examining the historical rise of official language rights in Canada and the position of French-speaking minorities in Ontario, New Brunswick, and Alberta and their fight for separate French education, I shed light on the history of bilingualism and the competing federal-provincial laws following its application in 1969. I assert that despite various efforts by the federal government to implement language laws to protect francophone minorities and encourage bilingualism as a national narrative, calculated actions at provincial levels reflect the dominant Anglo-Saxon narrative rooted deep within the nation. The lack of unity between federal and provincial governments results in indirect, competing definitions of Canadian national identity and continued questioning of the place of bilingualism in Canada.