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Contribution to Book
Language Rights as Aboriginal Rights: From Words to Action
Kiera L Ladner & Myra J Tait, Surviving Canada: Indigenous Peoples Celebrate 150 Years of Betrayal (Winnipeg: ARP Books, 2017)
  • Karen Drake, Osgoode Hall Law School of York University
Document Type
Book Chapter
Publication Date
1-1-2017
Keywords
  • Aboriginal rights,
  • Indigenous language rights,
  • Reconciliation,
  • Canada 150
Abstract

Reconciliation between Indigenous and non-Indigenous peoples in Canada must include the revitalization of Indigenous languages. The fundamental purpose of section 35(1) of the Constitution Act, 1982 -- which provides constitutional protection to Aboriginal and treaty rights -- is reconciliation. This chapter argues that section 35(1), when understood in the light of the Truth and Reconciliation Commission's findings, protects a right to publicly funded immersion education in Indigenous languages. Canadian governments have not only a negative obligation not to stifle Indigenous languages, but also a positive obligation to provide the resources needed to revitalize those languages.

Citation Information
Karen Drake. "Language Rights as Aboriginal Rights: From Words to Action" Kiera L Ladner & Myra J Tait, Surviving Canada: Indigenous Peoples Celebrate 150 Years of Betrayal (Winnipeg: ARP Books, 2017) (2017)
Available at: http://works.bepress.com/karen-drake/101/