A STUDY FOCUSING ON THE GENESIS AND RESUL TS OF SCHOOL-RIGHTS JUDICIALIZATION - THE BUGNET-CASE IN ALBERTA

The post Official Languages Act (1969) era created in the French minor ity communities in Canada a situation where bilingualism legitimated o ne's cultural and linguistic identity. The immersion schools being the only so-called French schools available to the minorities in most reg ions of Canada led to linguistic transfer and cultural assimilation. I n 1982, the Charter of Rights and Freedoms (and its Section 23) seemed to make possible a reversal of this trend by formally recognizing the legal and constitutional rights of francophones to instruction in Fre nch as a first language, and control of their schools. However, the pr ovincial governments did not interpret Section 23 in the same light as did the French communities: hence, court challenges sprang up all ove r the country. The ''judicialisation'' of minority school rights is th e subject of this article which will focus mostly on the Bugnet case i n Alberta, being the most representative in this judicial struggle as it went as far as the Supreme Court of Canada (Mahe Judgment, 1990). B eyond an analysis of the phenomenon identified above, this study's mai n objective is to look at this judicialisation process, at its genesis and results, and also at the very positive and irradiating effect on the communities