Reference re Manitoba Language Rights
| Reference Re Manitoba Language Rights | |
|---|---|
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| Hearing: June 11, 12, 13, 1984 Judgment: June 13, 1985 |
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| Citations | [1985] 1 S.C.R. 721 |
| Docket No. | 18606 |
| Court Membership | |
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Chief Justice: Brian Dickson Puisne Justices: Roland Ritchie, Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson, Gerald Le Dain |
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| Reasons given | |
| Unanimous reasons by | The Court |
| Ritchie and Chouinard JJ. took no part in the consideration or decision of the case. | |
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 Court heard the appeal in June 1984, and gave its ruling a year later, on June 13, 1985.
Four questions were asked:
The Court found that the Constitution Act, 1867 and the Manitoba Act, 1870 did require both languages and that those laws that were not in both languages were of no force and effect; however, they were deemed temporarily valid for a time until translations can be re-enacted in order to avoid a legal vacuum in Manitoba and to ensure the continuity of the rule of law.
This reference was the first time that the courts in Canada had used the remedy of a delayed declaration of invalidity. Despite its exceptional origins, this remedy has grown to become a preferred one in Canadian public law.
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