I think that you're referring to the chicken and the egg paradox. Official language minority communities often use the courts. However, do they have a choice?
Like Mr. Jedwab, I'll refer to the current situation in Ontario. I know that the Assemblée de la francophonie de l'Ontario is looking at taking legal action to fight the elimination of the Office of the French Language Services Commissioner. It tried to engage in dialogue with the legislator, but the legislator turned a deaf ear. At this point, an avenue of recourse is needed, and that avenue is the courts. There aren't many alternatives.