The Principle of Proportionality in my last blog is an assessment method used in multilingual countries for providing minority language education by governments. When the education system determines the scope and extent of using minority languages as mediums of instruction, several practical factors are considered, including:
-Number and Concentration of Language Users: This involves assessing how many people use the minority language and whether they are concentrated in a specific area. If there is a large and concentrated population of users, the likelihood and scope of using that language as a medium of instruction could be greater.
-Level of Demand: Investigating and assessing the community members’ demand and interest in using the language as a medium of instruction. If there is a strong community demand, the education system might be more inclined to adopt the language.
-Historical Use as a Medium of Instruction: Considering whether the language has been previously used in the education system. If there is a history of use, continuing or reintroducing it becomes more feasible.
-Availability of Resources: Resources include teachers, teaching materials, funding, etc. The availability of these resources directly impacts the education system’s ability to effectively offer minority language instruction.
Case Application of the Principle: Conseil scolaire francophone de la Colombie-Britannique v British Columbia.
In2020, the Supreme Court of Canada examined the rights to use French (a minority language) in the public education system. The court used a “sliding scale” approach to determine when to use a minority language as the medium of instruction.
The court evaluated three aspects:
- Determination of Student Numbers: The court first determined the number of affected minority language students. This step is crucial as it directly influences how the court assesses the type and level of educational services needed.
- Comparative Approach: Next, the court used a comparative approach to judge whether the proposed minority community schools were appropriate in terms of education and cost. This included comparing minority language schools with majority language schools in terms of resources, facilities, and educational quality.
- Determination of Service Level: The court also needed to determine the level of service required for minority language students, based on the number of students and comparative analysis.
Furthermore, the court emphasized that all entitled children should have an educational experience comparable to that near majority community schools. This means that the quality of education, facilities, and resources should be comparable to those enjoyed by majority language students. The court’s decision affirmed the educational rights of minority language students in the case. It ordered the establishment of more single-language (French) schools in relevant communities to meet the needs of French-speaking students and ensure they receive an educational experience comparable to English-speaking students.
This case demonstrates the practical application and impact of the Principle of Proportionality. This principle focuses not only on the number of students but also on the quality of education, resource allocation, and fairness of educational services. The aim is to ensure that minority language education is implemented fairly and effectively in practice, taking into account the specific needs and conditions of the community.
