By Xavier Champagne*

I. INTRODUCTION

Over 150 years later, Louis Riel’s 1870 vision of a truly bilingual Manitoba may have been revived. On October 19, 2023, in a mandate letter to Glen Simard, the Minister responsible for Francophone Affairs, Premier Kinew tasked the minister to “[r]ecognize the founding role of the Francophone community in our province, protect their rights and improve access to French language education, health care and services so that we are truly a bilingual province”.^[i]

On June 9, 2025, the Manitoba government announced the launch of public consultations aimed at creating a truly bilingual province. According to Minister Simard, “these public consultations are the beginning of a process that will lead to Manitoba becoming a bilingual province”.[ii]  Community engagement is encouraged through surveys, submissions of discussion papers, round tables, and targeted consultations. The vision: “[t]hat all Manitobans can live and receive services in the official language of their choice, and that conditions exist for the Francophone community to evolve and flourish.”[iii]

This prompts the question: how does Manitoba become a truly bilingual province? This piece will first highlight the founding role of the Francophone community in Manitoba; second, offer a brief history of legislative linguistic protections; third, outline the constitutional procedure required to join New Brunswick’s ranks; and finally, propose an alternative legislative approach that could achieve this goal without the hurdles of a constitutional amendment.

II. THE FOUNDING ROLE

In the late 17^th century, European explorers traversed what is now Manitoba, claiming the territory for England and granting the Hudson’s Bay Company control over Rupert’s Land. The Indigenous population continued to occupy the region, and during this period, the Métis emerged from “early unions between European adventurers and traders, and Aboriginal women”.[iv]

A large settlement developed at the forks of the Red and Assiniboine Rivers, under Hudson’s Bay Company governance. By 1870, the Red River Settlement had 12,228 inhabitants, with the Métis forming the dominant group.[v] They comprised over 80% of the population—5,720 French and 4,080 English[vi]—and held many important leadership positions.^[vii]

Out east, the British North America Act of 1867 (now the Constitution Act, 1867),[viii] established Canada as a country. The newly formed Canadian government, led by Prime Minister Sir John A Macdonald, sought to expand westward, and England agreed to cede Rupert’s Land, including the territory of present-day Manitoba, to Canada.

Anticipating an influx of English-speaking Protestant settlers, the French-speaking Roman Catholic Métis, under the leadership of Louis Riel, were determined to preserve and protect their traditional way of life.^[ix] Consequently, the provisional government of the Red River Colony drafted a List of Rights to be met before accepting Canadian authority. Negotiations with Canada, aimed at safeguarding their rights, ultimately lead to the enactment of the Manitoba Act, 1870.^[x] Notably, sections 22 and 23 of the Manitoba Act, 1870 mirrored sections 93 and 133 of the Constitution Act, 1867, protecting denominational schools and establishing parliamentary, legislative, and judicial bilingualism, respectively:

Manitoba Act, 1870	Constitution Act, 1867
Legislation touching schools subject to certain provisions   22. In and for the Province, the said Legislature may exclusively make Laws in relation to Education, subject and according to the following provisions:—   (1) Nothing in any such Law shall prejudicially affect any right or privilege with respect to Denominational Schools which any class of persons have by Law or practice in the Province at the Union:—   […]	Legislation respecting Education   93 In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions:   1. Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union;   […]
English and French languages to be used   23. Either the English or the French language may be used by any person in the debates of the Houses of the Legislature, and both those languages shall be used in the respective Records and Journals of those Houses; and either of those languages may be used by any person, or in any Pleading or Process, in or issuing from any Court of Canada established under the Constitution Act, 1867, or in or from all or any of the Courts of the Province. The Acts of the Legislature shall be printed and published in both those languages.[xi]	Use of English and French Languages   133 Either the English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec.   The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages.[xii]

III. LEGISLATIVE PROTECTIONS 

The linguistic protections secured by Manitoba’s founding figures proved illusory, eroded by anti-Francophone legislation.

A. Section 23

In 1890, Manitoba’s legislature passed An Act to Provide that the English Language shall be the Official Language of the Province of Manitoba which, as its name implies, mandated:

1. Any statute or law to the contrary notwithstanding, the English language only shall be used in the records and journals of the House of Assembly for the Province of Manitoba, and in any pleadings or process in or issuing from any court in the Province of Manitoba. The Acts of the Legislature of the Province of Manitoba need only be printed and published in the English language.
2. This Act shall only apply so far as this Legislature has jurisdiction so to enact, and shall come into force on the day it is assented to.^[xiii]

On three separate occasions—in 1892, 1909, and 1976—Manitoba’s government disregarded lower court rulings declaring this Act ultra vires.^[xiv] The province persistently neglected its constitutional duties and engaged in egregious violations of the parliamentary, legislative, and judicial bilingual protections guaranteed by section 23 of the Manitoba Act, 1870.^[xv]

It took Franco-Manitobans 89 years—and a parking ticket—to regain their rights.^[xvi] Yet, even following the Supreme Court of Canada’s landmark decision in Forest,^[xvii] Manitoba’s legislature persisted in enacting, printing, and publishing the vast majority of its acts exclusively in English.^[xviii] Four further proceedings to the Supreme Court of Canada were necessary to spell out the scope of Manitoba’s constitutional obligations with respect to bilingual legislation.[xix]

As the Supreme Court noted in Mahe v Alberta: “minority language groups cannot always rely upon the majority to take account of all of their linguistic and cultural concerns.”^[xx] While the Court acknowledges that such oversight “is not necessarily intentional,”^[xxi] this instance exemplifies the majority’s deliberate violations of linguistic rights and underscores the need for Francophone rights to be robustly protected.

B. Section 22

Section 22 of the Manitoba Act, 1870 stipulates that no law relating to education “shall prejudicially affect any right or privilege with respect to Denominational Schools.”^[xxii] Although this provision, and its federal counterpart in section 93 of the Constitution Act, 1867,^[xxiii] do not explicitly mention linguistic rights, they were drafted by the framers at a time when language and faith were deeply intertwined.^[xxiv] As such, these provisions were undoubtedly intended to safeguard the language of instruction and thereby protect both Francophone and Anglophone schools.^[xxv] However, the Judicial Committee of the Privy Council held otherwise in its 1916 decision in Ottawa Separate School Trustees v MacKell, adopting a narrow interpretation under which these sections protect only those educational rights explicitly set out in the legislation.^[xxvi]

The right to French language education was therefore most notably wrested from Francophones by the 1916 adoption of The Thornton Act, which abolished bilingual schools and mandated English as the sole language of instruction.^[xxvii]For generations, Franco-Manitoban students—including my grandfather—were forced to partake in covert education,^[xxviii] constantly vigilant to conceal French-language texts from the prying eyes of Manitoba’s education ministry’s language inspectors. In 1982, the enactment of section 23 of the Canadian Charter of Rights and Freedoms finally marked the constitutional protection of the right to minority language education, a right meant to have been protected in Manitoba over a century earlier.^[xxix]

IV. CONSTITUTIONAL CODIFICATION

New Brunswick is the only constitutionally bilingual province in Canada. Sections 16 to 20 of the Charter designate French as an official language in New Brunswick and guarantee the right to receive services in French from government institutions.^[xxx] Taken in its literal meaning, for Manitoba to attain a true constitutionally bilingual status, the province’s legislature would need to employ the bilateral amendment procedure used by New Brunswick in 1993 when section 16.1 was added to the Charter. This procedure, outlined in subsection 43(b) of the Constitution Act, 1982, necessitates an agreement between the federal government and the concerned province.^[xxxi]

While this process is neither quick nor easy, enshrining Francophone rights into the Charter would enable Manitoba to address past wrongs, promote the development of official language communities in minority settings and secure comprehensive and equal linguistic protections for Franco-Manitobans once and for all.^[xxxii]

V. AN INTERIM MEASURE ON THE PATH TO CONSTITUTIONAL BILINGUALISM

Since the introduction of the Charter, Manitoba has taken incremental steps toward true official bilingualism. In 1989, the province tabled its French Language Services Policy, aimed at promoting the prestation of French-language services by the provincial administration.[xxxiii] Revised in 1999, 2008, and 2017, the policy provides, inter alia, that French-language services be provided through bilingual service centres in regions where the French-speaking population is concentrated, and that communications, websites, and documents intended for the general public are to be published in both official languages.[xxxiv]

The Bilingual Service Centres Act[xxxv] and The Francophone Community Enhancement and Support Act[xxxvi] constitute the legislative codification of many key elements of the French Language Services Policy. Together, these statutes entrench the core of Manitoba’s institutional framework for French-language services. Notably, they guarantee the maintenance and operation of bilingual service centres, codify an inclusive definition of the Francophone community as well as the concept of “active offer,” and define the respective roles of the Minister responsible for Francophone Affairs and the Francophone Affairs Secretariat.[xxxvii]

Further, section 2(1) of The Bilingual Service Centres Act guarantees the existence of bilingual service centres in six designated regions where the Francophone community is particularly vibrant.[xxxviii] However, the Manitoban government is not required to provide services in French outside these regions. Therefore, if Minister Simard is unable to achieve a truly constitutionally bilingual Manitoba, the province can still expand French-language services, a goal at the forefront of the government’s mandate,[xxxix] by increasing the number of designated bilingual regions.

Through subsection 4(1) of The Bilingual Service Centres Act, “[t]he Lieutenant Governor in Council may, by regulation, amend the Schedule to add one or more regions”, taking into account the following factors listed in subsection 4(2):

(a) whether there is significant demand within a region for communication with the government in French and English at a bilingual service centre;

(b) the need for the advancement or revitalization of the use of French in the region, and the institutional vitality of the Francophone community there;

(c) the number of individuals in the region whose first language is French or who speak primarily French at home; and

(d) any other factor that the Lieutenant Governor in Council considers necessary or appropriate.^[xl]

Section 4 empowers the executive branch to extend the number of bilingual regions without needing the Manitoba Legislature’s approval, enabling Premier Kinew to act promptly and  circumvent potential opposition from predominantly Anglophone legislative representatives. Furthermore, The Bilingual Service Centres Act  does not grant the Lieutenant Governor in Council the power to remove a region by regulation, meaning that any attempt to remove a region would require a legislative amendment. This safeguard would prevent future Lieutenant Governors in Council from unilaterally dismantling French-language service centres. Though clearly not as robust and far-reaching as a constitutional amendment, such strategic expansions could gradually move Manitoba toward a quasi-bilingual status.

VI. CONCLUSION

Premier Kinew’s vision of a bilingual Manitoba, a mandate that echoes the aspirations set by the Father of Manitoba over 150 years ago, has opened a constitutional doorway. It is time for the province to seize this opportunity to join New Brunswick as a constitutionally bilingual province. However, such a change does not happen overnight. In the meantime, expanding the regions included in the Schedule of The Bilingual Service Centres Act provides a direct and efficient means to Manitoba’s progress towards becoming truly a bilingual province. ^[xli]

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* Xavier Champagne is a student in the combined Bachelor of Commerce and Juris Doctor program at the University of Ottawa. The author wishes to thank Philippe Champagne for instilling in him a love of Franco-Manitoban culture, and Georges Prescott for his precious account of the struggle to preserve the French language in a minority setting.

[i] Manitoba, Premier of Manitoba, Mandate Letter to the Minister of Sport, Culture, Heritage and Tourism (Winnipeg: Office of the Premier, 2023), at 1 online: <gov.mb.ca/asset_library/en/proactive/20232024/sport-culture-heritage-and-tourism-mandate-letter.pdf> [emphasis added].

[ii] Province of Manitoba, News Release, “Manitoba Government Begins Public Consultations on Creating a Truly Bilingual Province” (9 June 2025), online: <news.gov.mb.ca/news/index.html?item=69558>.

[iii] Manitoba, Government of Manitoba, Manitoba: Truly a Bilingual Province (Winnipeg: Government of Manitoba, 2025) at 4 online: <gov.mb.ca/asset_library/en/engagemb/francophone-strategy-a-bilingual-manitoba-en.pdf>.

[iv] Manitoba Métis Federation Inc v Canada (AG), 2013 SCC 14 at para 21 [Manitoba Métis Federation]; Guy Jourdain, “La législation bilingue au Manitoba : le rêve d’une version française faite sur mesure pour son auditoire” (2002) 47:2 Meta 244 at 246.

[v] George Goulet & Terry Goulet, The Metis: Memorable Events and Memorable Personalities (Calgary: FabJob Inc, 2006) at 128; Constancia Smart-Carvalho, “The Enactment of Bill 5, The Francophone Community Enhancement and Support Act: A Proud Moment for Manitoba” (2018) 41:1 Man LJ 479 at 481.

[vi] G Goulet & T Goulet, supra note v at 128. See also Donald Gun & Charles Tuttle, History of Manitoba: From the Earliest Settlement to 1835(Ottawa: Mclean, Roger & Co, 1880) at 467.

[vii] Manitoba Métis Federation, supra note iv at paras 22–23.

[viii] (UK), 30 & 31 Vict, c 3, art 91 reprinted in RSC 1985, Appendix II, No 5 [Constitution Act, 1867].

[ix] Manitoba Métis Federation, supra note iv at para 25; G Goulet & T Goulet, supra note v at 124–28; Smart-Carvalho, supra note v at 481.

[x] Manitoba Métis Federation, supra note iv at paras 26–31; SC 1870, c 3, reprinted in RSC 1985, Appendix II, No 8 [Manitoba Act].

[xi] Manitoba Act, supra note x, ss 22–23.

[xii] Constitution Act, 1867, supra note viii, ss 93, 133.

[xiii] SM 1890, c 14, ss 1–2. See also Re Manitoba Language Rights, 1985 CanLII 33 at para 9 (SCC) [Re Manitoba 1985].

[xiv] Re Manitoba 1985, supra note xiii at paras 10–14.

[xv] Manitoba Act, supra note x, s 23. See also Michel Doucet, “Le bilinguisme législatif” in Michel Bastarache & Michel Doucet, eds, Les droits linguistiques au Canada, 3rd ed (Cowansville, QC: Éditions Yvon Blais, 2013) 179 at 229.

[xvi] Manitoba (AG) v Forest, [1979] 2 SCR 1032.

[xvii] Ibid.

[xviii] Re Manitoba 1985, supra note xiii at paras 14–16.

[xix] Ibid at para 13; Order: Manitoba Language Rights, [1985] 2 SCR 347; Re Manitoba Language Rights Order, [1990] 3 SCR 1417; Reference re Manitoba Language Rights, [1992] 1 SCR 212.

[xx] [1990] 1 SCR 342 at 372.

[xxi] Ibid.

[xxii] Manitoba Act, supra note x, s 22.

[xxiii] Constitution Act 1867, supra note viii, s 93.

[xxiv] Jourdain, supra note iv at 246; Smart-Carvalho, supra note v at 482–83; Camille Harper, “270 ans de migration et d’immigration francophones au Manitoba”, La Liberté Magazine 1:2 (March 2020) at 7; Michel Verrette, “Manitoba Schools Question” (last modified 1 June 2016), online: <thecanadianencyclopedia.ca/en/article/manitoba-schools-question>.

[xxv] Jourdain, supra note iv at 246.

[xxvi] 32 DLR 1 (UK JCPC) at 8–9. See also Mark C Power, “Les droits linguistiques en matière d’éducation” in Bastarache & Doucet, supranote xv at 661–62.

[xxvii] Verrette, supra note xxiv; Smart-Carvalho, supra note v at 484.

[xxviii] Smart-Carvalho, supra note v at 484.

[xxix] Canadian Charter of Rights and Freedoms, s 7, Part I of the Constitution Act, 1982, s 23, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.

[xxx] Ibid, ss 16–22.

[xxxi] Ibid; Constitution Act, 1982, s 43(b), being Schedule B to the Canada Act 1982 (UK), 1982, c 11.

[xxxii] For a historical review of New Brunswick’s journey toward constitutional bilingualism see Charlebois v Mowat, 2001 NBCA 117 at paras 7–11.

[xxxiii] Manitoba, Francophone Affairs Secretariat, “French-Language Services Policy—May 2017” (May 2017), online: <gov.mb.ca/fls-slf/pdf/fls_policy_en20170908.pdf>.

[xxxiv] Ibid at 1–3. See also Jennifer Klinck et al, “Le droit à la prestation des services publics dans les langues officielles” in Bastarache & Doucet, supra note xv at 617; Planctus, “Summary of Language  Rights in Canada and Complaint Mechanisms” (last visited 16 January 2026), online (webpage): <planctus.ca/language-rights/Manitoba>.

[xxxv] CCSM c B37 [Services Act]. Early revisions of the French Language Services Policy, including provisions related to bilingual service enters, were informed by the Chartier Report (see Manitoba, Francophone Affairs Secretariat, Above All, Common Sense: Report and Recommendations on French Language Services Within the Government of Manitoba, by Commissioner Honourable Judge Richard Chartier (Winnipeg: Francophone Affairs Secretariat, 1998), online: <manitoba.ca/fls-slf/report/pdf/toc.html>).

[xxxvi] CCSM c F157.

[xxxvii] Manitoba has also adopted specific legislation to protect French-language services in designated domains, including the francophone cultural and artistic centre, the university sector, and health and social services (see The Centre culturel franco-manitobain Act, CCSM c C45; The Université de Saint-Boniface Act, CCSM c U50; The Health System Governance and Accountability Act, CCSM c H26.5, s 59; Bilingual and Francophone Facilities and Programs Designation Regulation, Man Reg 131/2013, ss 2–3).

[xxxviii] Services Act, supra note xxxv, s 2(1).

[xxxix] Premier of Manitoba, supra note i at 1.

[xl] Services Act, supra note xxxv, s 4.

[xli] Ibid, Schedule; Manitoba, Mandate Letter, supra note i.