Abstract

This article studies the claims for non-territorial autonomy (NTA) of Canada's francophone minority communities (FMCs)—encompassing the over one million French-speaking citizens that live outside the province of Québec—before the courts since the adoption of the Charter of Rights and Freedoms. The findings show that Canadian courts have sought to apply principles of NTA to accommodate FMCs by extending the Canadian language rights regime in order to apply some principles of non-territorial autonomy, in the form of ‘institutional completeness’. In so doing, the courts have opened the door to a legal recognition of positive group rights for this minority.

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