which were enjoyed in 1867, since those
rights have not been touched by the only authority that could touch
them--have I not made out an absolute case that those are rights which
we had then and still have to-day, and ought to have now and in the
future?
Section 133 of the British North America Act--and I refer to it because,
strangely enough, it has been quoted and relied on by both sides in this
controversy--section 133, you will remember, provides that either the
English or the French language may be used in the Parliament of Canada,
the Legislature of Quebec, and the Federal and Quebec provincial courts,
and it places these two languages on an equal footing in such
Parliament, Legislature and courts. It is argued by those opposed to us
that that is a restrictive provision, a limitative provision, on the
doctrine "inclusio unius fit exclusio alterius." I do not think so at
all. Here were new forums being created: The Parliament of Canada, the
Federal Courts, where it was absolutely necessary that the language to
be used should be determined without doubt--there should be no doubt
that in the Federal Parliament both languages should be official--no
doubt that is what was in the minds of the fathers of Confederation.
But, they say, why mention Quebec at all? Why did they say that English
could be used in the Legislature of Quebec and why not say that French
could be used in the Legislature of Ontario?
The answer to that is that the English language was safeguarded in the
Legislature of Quebec simply because our English friends were on that
occasion, as usual, a little more practical than we are. They wanted the
English language to be official in the Legislature of Quebec, and asked
to have it stated in the Act. That was a concession to the Protestant,
or rather to the English-speaking minority in the Province of Quebec.
Section 133 is not limitative. Some people are apt to look upon this
matter in a very strange way. We are told that we are not to claim any
rights for the French Language in Ontario, because there is no text of
law. I ask you, gentlemen, if you have ever seen anywhere a text of law
which says that the English language is the official language of the
British Empire? No, there is no such law, none anywhere, not at
Westminster, at Ottawa or at Toronto. Why? Simply because language is a
natural right--there are rights that we all enjoy which do not need the
sanction of law, the right to live, to breat
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