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Legal dispute over Quebec's language policy

From Wikipedia, the free encyclopedia

The legal dispute over Quebec's language policy began soon after the enactment of Bill 101, establishing the Charter of the French Language, by the National Assembly of Quebec in 1977.

The Charter, enacted under the Parti Québécois government of René Lévesque, expanded upon Quebec's previous language legislation, Bill 22, also known as the Official Language Act, enacted in 1974 under the Liberal Party of Quebec government of Robert Bourassa. Earlier language legislation in Quebec had included Bill 63 in 1969, and the La Vergne Law of 1910.

Both statutes were drafted in an attempt to follow the recommendations of the Commission of Inquiry on the Situation of the French Language and Linguistic Rights in Quebec (the Gendron Commission).

Unlike the (Quebec) Official Language Act of 1974 (not to be confused with the federal Official Languages Act), the Charter of the French Language was a legal framework defining the linguistic rights of Quebecers, and a language management policy giving the state of Quebec the power to intervene in many sectors of public life to promote French as the common language of all citizens. Its enactment by the National Assembly sparked a legal battle that still goes on today.

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  • ✪ Geography Now! Eritrea
  • ✪ Geography Now! France
  • ✪ Uncharted Territory: David Thompson on the Columbia Plateau
  • ✪ Decolonizing Language Revitalization


Yes, they eat the same food, look the same, have the same religion, speak kind of the same and have the same general historical roots, but Do not! call these people Ethiopians! [Intro playing] ♪ it's time to learn geography ♪ ♪ NOW ♪ Hey Everybody, I'm your host Barby Did you know that Italy tried to take over parts of Africa? Yeah, and it didn't last that long and it didn't end very well. But it happened. But First! <Political Geography!> Eritrea prides itself on its location, here's why: Eritrea is located on the Horn of Africa on the East Side bordering the Red Sea to the East, bordered by Sudan, Ethiopia, and Djibouti. In addition to the mainland domain, They also administer the Dahlak Archipelago, Just off the coast, consisting of 124 small islands, only two of which are permanently inhabited. Nora and Dohul. As well as a few of the Hanish islands that they had a huge dispute over Yemen with and the South Red Sea islands in the south. The country is divided up into six regions with the capital and largest city Asmara located in the central Ma'ekel region. The country operates five main airports, the largest ones being Asmara and the former capital when it was under the Italians, Massawa off the coast. Although Eritrea has the second largest coastline along the Red Sea, after Egypt, not many people live there. Other than the cities of Massawa and Assab, most Eritreans live inland, especially in the areas surrounding the capital. This is partially due to the fact that like some other countries we'll cover in future episodes, Eritrea has a generally dry and inhospitable coast. I mean the South Red Sea Region is kinda classified as one of the hottest areas on the planet. Nonetheless, they take their coastline seriously. When you own land along one of the busiest trading routes on the planet, you TACKLE that bad boy! and tariff it like a boss. I mean, unless your constituents kinda start hating you and then they put up an embargo- but hey! They'll come crawling back. They even set up camp and even have an exclave on the Southernmost border with Djibouti on the Dumaira peninsula because they were like "We wanna get close as we can to that Bab el-Mandeb strait!" Home to quite a few archaeological sites like the ones in Qohaito, Matara, and Senafe with the Aksumite (Axumite) ruins, many of which are yet to be explored, As well as a plethora of centuries-old churches, monasteries, mosques, and mausoleums, hidden along the cliffs on the outskirts of towns. The point is, with whatever land that they do have, they work to the best of their ability to feed their ever-growing population... Let's explain: <Physical Geography> Now, yes- as mentioned before, many of the places in Eritrea's coasts are generally hot, and dry- which to no surprise is why the camel is actually the national animal- but that's only one part of the country. Surprisingly, they have quite a contrasting land makeup. Just like we mentioned in the Djibouti episode, the general area that Eritrea is located in is a hot mess when it comes to three tectonic plates: The Somali, African, and Arabian. All three of these converge into an area known as the Afar triangle- Basically, the land is tearing itself apart. Eritrea is located right at the fork of the East African rift, including the Danakil depression, shared with Ethiopia, being labeled as the hottest place on Earth. Therefore the rift creates coastal highlands the results looks like a backwards rain shadow effect in which the coasts are dry and hot, and the inland areas are fertile and green. This is also why the majority of the population lives inland in addition this gives Eritrea a few volcanoes most of which are Holocene and extinct but then again Nabro was thought to be extinct until it kind of went buck wild in 2011 inland, you can find a range of landscapes from subtropical rainforests like like the ones at Filfil or you can find green precipitous cliffs and canyons in the southern highlands despite their lush interior there still is an issue with desertification and drought The entire population is required by law starting at age 15 to take a month off and terrace hillsides with rocks to prevent erosion and hold in moisture eighty percent of people live off of agriculture in which crops like barley, beans, lentils, sorghum and the interestingly small grain teff is grown animals thrive in many parts of the country especially in the lush interior regions over five hundred different species of birds can be found as well as mammals like warthogs, aardvarks, hares, gazelles and hyraxes in terms of predators Eritrea seems to have more canine species than feline wild dogs, golden wolves and jackals and hyenas dominate the highlands and plains Resource wise Eritrea actually has a pretty decent diversified economy However, two things they thrive off of are livestock and gold specifically sheep and goats in the livestock gold has actually been mined here for centuries and makes up about eh, fifteen or so percent of the exports and hold on your horses though even though they have a lot of gold they still have quite a ways to go in terms of economic development which gets a little controversial Let's uh… lets discuss that in: <Demographics> Okay so, like mentioned before Eritreans and Ethiopians will admit that they both have incredibly similar cultures traditions, beliefs, systems and even language structures In every reasonable sense they are kind of like cousins However, do NOT call Eritreans, Ethiopians! First of all, the country has about six and a half million people and has doubled it's population since the 1990s The country is made up of nine distinct ethnic groups The largest ones being the Tigrinya at fifty-five percent and Tigre at thirty percent and the remainder comes from groups like the Saho, Kunama, Bilen, Rashaida and others Eritrea is on the only two countries that uses the only indigenous African writing system in the world that's still used which, by the way, side note: An Abugida is an alpha syllabic writing system similar to Arabic and Hebrew that incoporates consonant vowel clusters into syllable character units the word 'abugida' even came from four letters of the ge'ez alphabet A bu gi and Da So, basically if you want to write something like the word house It would kind of look something like this The writing system is used primarily to write Tigrinya, Tigre and Amharic in Ethiopia All three languages are pretty similar and if they listen really hard Eritreans and Ethiopians that speak these languages can kind of understand each other enough to get by It's kinda like Italian, Spanish and Portuguese Now, here's the thing: when Eritreans and Ethiopians meet each other the first question they typically as is Are you "Habesha" and then they ask what country they're from So what exactly is Habesha? Habesha people are incredibly unique Semitic mixed African people that can only be found in this area over a millennia Semetic people have mixed in and created this beautiful new group of people found nowhere else The Habehsa A little bit over half the population adheres to Christianity Predominantly Coptic Eritrean Orthodox Church Where as the majority of the remaining population is mostly Sunni Muslims They also use the Type-C plug outlet They generally drive on the right side of the road and the currency is the Nazca Now, because of the Italian occupation Eritrea has like a little bit of Italian twang to it where some of the buildings and shops have clearly influenced architectural styles Pizza shops, cafes and cappuccino and espresso are all over and many of the residents especially the older generation in urban areas can actually still speak and understand Italian Okay now, this is where the distinctions really going to start to come out Let's talk politics Eritrea kind of gets a bad label from the west because of some of the harsh policies that the government adheres to Some even have gone so far as to label it as the North Korea of Africa In the simplest way I can put this, The modern day area of Eritrea was most likely this site of the ancient land of Punt Fast forward, and after centuries of other empires and nations taking over until they finally got their independence from Ethiopia in 1993 Guys, I'm on a time constraint We don't have time for full historic lessons. Just look it up yourselves Basically to this day Isaias Afewerki has been president since independence in 1993 and the country operates in a strange one party system that has… How can I put this rather intense social policies? Everybody, male or female, are required to serve military conscription by the age of 18 and continue with national service It's estimated that about a third of the country's military in the war against Ethiopia were actually women Originally national service was supposed to be for 18 months but the policy changed and now it's kind of like an indefinite amount of time until the government deems complete This has been a huge hotbed of controversy for many of the citizens since some have ended up serving for years and really have no say in it This has also caused quite a few Eritreans to leave on a daily basis to avoid the conscription laws The government defends itself by saying they strongly emphasize strength and wealth of a unified nation that works moving forward together This is also one of the reasons Eritrea doesn't accept most forms of foreign aid believing that handouts will enable the citizens into and unhealthy dependency The government has actually kind of done a relatively good job at prioritizing the national budget towards education and health though This has in return helped them reach their goals of essentially eradicating Polio and most cases of Malaria in the entire country The problem though is there's almost no economic movement especially in the private sector with an average annual income of around six hundred dollars a year So essentially the people are fairly healthy but… poor Cycling is the popular sport out here though and they actually host one of the most difficult routes in the world the Asmara-Keren road A lot of people from all over the world likes cycling that road for some reason Let's talk more about the people who uh… kind of interact with this country shall we? <Friend zone> Eritrea's kind of well… if we're gonna be completely honest let's just say they kind of isolate themselves a little bit They've made enemies with pretty much all of their neighbors you know, with battles and border disputes and wars with all of them even Yemen However, recently Sudan has been kind of been fixing things up a little bit but they still have some issues This means that they kind of have to look outwards for diplomacy Now here's the most confusing circumstances: For some reason they are friendly with both Israel and… Iran The president has gone to Israel for medical treatments and conducts business with them well but also has visited the president of Iran and has made friendly ties with them but they are also an observer state of the Arab league So essentially they do have some friends but they just can't be in a room with all their friends at the same time Some Eritreans might say that on a fiscal level Qatar and China might be their close friends but no necessarily their best, since they've invested heavily in their commerce and business It's complicated Their best friends are kind of… themselves honestly In conclusion, yes Eritrea has some issues no denying that but it's also a land overflowing with deep ancient history infused with Semitic African influences Coastal sea lovers with a few leftover shavings of Italian spice mixed in there and that's… that's pretty unique isn't it Stay tuned! Estonia is coming up next!


Before 1982

In 1867, the British Parliament passed the British North America Act, 1867, now known as the Constitution Act, 1867 which became the supreme law of the Dominion of Canada (although it was modified several times, it is still part of the Constitution of Canada). This act contained only one section (section 133) dealing with language. It read:

"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."

Language of legislation and justice

Three Quebec Lawyers, Peter Blaikie, Roland Durand and Yoine Goldstein first challenged the constitutionality of the Charter of the French Language under section 133.

In 1979, the Supreme Court of Canada declared Chapter III of the Charter of the French Language unconstitutional, citing it contrary to section 133 of the British North America Act of 1867. The highest court in Canada judged that the enacting and passing of laws had to be done in both French and English in the parliaments of Quebec and Canada.

Sections 7 to 13 of the Charter of the French Language had made French the only language of legislation and only provided for a translation of laws in English at the end of the legislative process.

The Quebec government responded by re-enacting the charter (and all other acts enacted since 1977) in French and English. Sections 7 to 13 of the Charter were however left untouched.

In 1981, another Supreme Court decision (Quebec (Attorney General) v. Blaikie (No. 2)) declared that section 133 also applied to government regulations.

After 1982

The patriation of the Canadian Constitution occurred as the British Parliament passed the Canada Act 1982. This act enacted the Constitution Act, 1982 for Canada (including the Canadian Charter of Rights and Freedoms), which has two provisions which have provided the basis for further constitutional disputes concerning Quebec's Charter of the French Language. Section 2 of the Charter guarantees freedom of expression, which opens the door to challenges to laws which restrict an individual's ability to use a particular language, while section 23 introduced the notion of "minority language education rights".

Alliance Quebec, an Anglophone rights lobby group was founded in May 1982. It is through this civil association that various anglophone lawyers challenged the constitutionality of Quebec's territorial language policy.

Language of instruction

Quebec (A.G.) v. Quebec Protestant School Boards

In 1984, the Supreme Court invalidated Chapter VIII of the Quebec Charter of the French Language on the basis of its incompatibility with section 23 of the Canadian Charter of Rights and Freedoms. Section 23 of the Canadian Charter reads:

(1) Citizens of Canada

(a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or

(b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,

have the right to have their children receive primary and secondary school instruction in that language in that province.

Section 73 of the Charter of the French language had recognized the right to English language instruction to Quebec residents alone. Canadian citizens from outside Quebec are forced to send their children to French primary and secondary schools, in direct violation of S26.(3) of the UN Declaration of Human Rights [1], which states that "Parents have a prior right to choose the kind of education that shall be given to their children.[2]

On July 26, 1984, the Supreme Court invalidated part of Section 73. Judged retroactively unconstitutional, the section had to be modified so that it no longer clashes with the Canadian charter's definition of a linguistic minority. The current Section 73 of the Charter of the French language reads:

The following children, at the request of one of their parents, may receive instruction in English:

1) a child whose father or mother is a Canadian citizen and received elementary instruction in English in Canada, provided that that instruction constitutes the major part of the elementary instruction he or she received in Canada;

2) a child whose father or mother is a Canadian citizen and who has received or is receiving elementary or secondary instruction in English in Canada, and the brothers and sisters of that child, provided that that instruction constitutes the major part of the elementary or secondary instruction received by the child in Canada;

3) a child whose father and mother are not Canadian citizens, but whose father or mother received elementary instruction in English in Québec, provided that that instruction constitutes the major part of the elementary instruction he or she received in Québec;

4) a child who, in their last year in school in Québec before 26 August 1977, was receiving instruction in English in a public kindergarten class or in an elementary or secondary school, and the brothers and sisters of that child;

5) a child whose father or mother was residing in Québec on 26 August 1977 and had received elementary instruction in English outside Québec, provided that that instruction constitutes the major part of the elementary instruction he or she received outside Québec.

In 2005, a Supreme Court ruling upheld Section 73 of the Charter of the French language and its corresponding subsections (1 through 5). See Maclean's 5 April 2005, an article by John Geddes entitled "Tweaking the Language Laws". It maintains that the court upheld S.73 yet provided for flexibility in matters dealing with English-speaking Canadians and immigrants from other countries.

Bill 104

In August 2007, the Quebec Court of Appeal ruled that a section of the province's language legislation is unlawful.[3] The judgment stated that Bill 104, an amendment to the Charter passed in 2002 that stopped children of francophone and newcomers from using the English educational system, was contrary to the Charter of Rights and Freedoms.[3] The amendment was passed to thwart entry to English schools by pupils who had gone to at least one year of an unsubsidized private institution.[4] It had been passed unanimously (by all parties) in the provincial legislature.[5]

The Appeal Court verdict disallowed a segment of Bill 104,[4] suggesting that students can be present English public establishments if they have been at an English private academy for a minimum of one year or have been permitted a special dispensation.[3] The Quebec government immediately announced it would appeal the decision to the Supreme Court of Canada,[4] which it did.

A judgment was given that delays use of that conclusion until the Supreme Court of Canada judges on a provincial administration request.[6]

The challenge to Bill 104 will continue but with funding from the English school boards affected,[7] as the federal Court Challenges Program established for such minority language rights was cut by the Conservative minority government.[8] There is a precedent for having the government pay the fees of the challenging side, or appointing an amicus curiae.[8]

A representative of the Quebec Association of Independent Schools proclaimed its goal to strike the delay, and Brent Tyler, the advocate for the 26 families in the case, declared he would pull together an appeal.[6]

The Quebec English School Board Association (QESBA) suspected the volume of probable English system learners who might be affected by this result to be 500 annually, the majority of whom would enroll in Montreal schools. It said such a loss to the French school enrollment of almost 1 million would be unimportant. It asked that the decision be respected until it can be referred to the Supreme Court.[9]

About half of all enrollment decline in the EMSB since 2002 has resulted from Bill 104, a low fertility rate and urban sprawl being other reasons, said a spokesman.[6]

A union of trusts zealous to watch over French is supporting the Quebec government in its venture to overturn the Quebec Appeal Court ruling.[3] Former CSN leader Gérald Larose, chairman of the Conseil de la souveraineté, vilified this "undermining" of the so-called Bill 101 by an "English judge". (Larose was also the Parti Québécois–appointed president of a commission on the future of the French language and has agitated for some time that Quebec be granted unshared supremacy over language legislation, despite the Canadian constitution which divides such power between the national and provincial governments.)[10] Jean Dorion, president of the Société Saint-Jean-Baptiste de Montréal, lamented that Appeals Court judges are appointed by the national government and asserted that they should not have the power to overrule Quebec's language laws.[10] Other commentators remonstrated that Justice Hilton had previously served as legal counsel for Alliance Quebec, an anglophone rights group. Le Devoir reported, however, that the Quebec department of justice did not ask Hilton to recuse himself from the case.[10] Through a spokesperson, the Ministry of Justice said that such a recusal was not necessary and that the government trusts the Court of Appeal to be fair.[11] Parti québécois leader Pauline Marois suggested the ruling could be "catastrophic" and described it as unsatisfactory. Over the 30-year life of Bill 101 "about 4,000 children have used this to get into the English network," she said, as opposed to the French network.[12]

Language of commercial signs

Ford v. Quebec (Attorney General)

In 1988, the Supreme Court ruled that the sections of the Charter of the French Language enforcing the exclusive use of French on outdoor commercial signs were unconstitutional. The Court-based this decision on the guarantee of freedom of expression in s. 2 of the Canadian Charter of Rights and Freedoms.

The Supreme Court remarked that the Quebec government could legitimately require French to have "greater visibility" or "marked predominance" on exterior commercial signs, however it could not enforce the exclusive use of French.

With the Act to amend the Charter of the French language, S.Q. 1988, c. 54 (also known as Bill 178), the National Assembly (under a Quebec Liberal government) made use of the notwithstanding clause of the Canadian constitution and amended the Charter by allowing English provided that the letters are no larger than half the size of the French.

Ballantyne, Davidson, McIntyre v. Canada

The use of the notwithstanding clause led to formal complaints by three Quebecers: John Ballantyne, Elizabeth Davidson, and Gordon McIntyre, who own businesses in Sutton, Quebec and Huntingdon, Quebec. In 1993, they brought their case before the Human Rights Committee of the United Nations.

They challenged sections 1, 6 and 10 of Bill No. 178 enacted by the Quebec legislature on 22 December 1988. They alleged to be victims of violations of articles 2, 19, 26 and 27 of the International Covenant on Civil and Political Rights by the Federal Government of Canada and by the Province of Quebec, due to the Act's prohibitions on the use English in advertising or in the name of their firms.

After hearing both parties, the Committee gave its opinion on what it believed to be the three major issues:

  • (a) whether Sec.58 of the Charter of the French Language, as amended by Bill 178, Sec.1, violates any right that the authors might have by virtue of article 27;
  • (b) whether Sec.58 of the Charter of the French Language, as amended by Bill 178, Sec.1, violates the authors' right to freedom of expression;
  • (c) whether the same provision is compatible with the authors' right to equality before the law.
  • 1. The Committee observed that "provisions of article 27 refers to minorities in States", which English-speaking people in Canada are not. It stated that the "authors therefore have no claim under article 27 of the Covenant".
  • 2. The Committee disagreed with the Government of Quebec which asserted "that commercial activities such as outdoor advertising do not fall within the ambit of article 19." The Committee stated "Article 19, paragraph 2, must be interpreted as encompassing every form of subjective ideas and opinions capable of transmission to others, which are compatible with article 20 of the Covenant, of news and information, of commercial expression and advertising, of works of art, etc.; it should not be confined to means of political, cultural or artistic expression." The Committee believed that "it [was] not necessary, in order to protect the vulnerable position in Canada of the francophone group, to prohibit commercial advertising in English." It suggested that "This protection may be achieved in other ways that do not preclude the freedom of expression, in a language of their choice, of those engaged in such fields as trade. For example, the law could have required that advertising be in both French and English." It concluded that "A State may choose one or more official languages, but it may not exclude, outside the spheres of public life, the freedom to express oneself in a language of one's choice. The Committee accordingly concludes that there has been a violation of article 19, paragraph 2."
  • 3. Regarding the right to equality, the Committee found that "the authors have not been discriminated against on the ground of their language, and concludes that there has been no violation of article 26 of the Covenant."

There were 5 concurring and dissenting opinions, signed by eight Committee members.


The Court of Quebec rendered a number of decisions regarding the applicability of the Charter to advertising over the Internet. The court found that commercial websites of businesses that operate from Quebec and sell to Quebec need to conform to the provisions of the Charter regarding the rights of Quebecers to receive services in French. In A.G. of Quebec (Procureur Général) c. Stanley John Reid et Frances Muriel Reid (JE 2002-1266), the defendant raised the argument that the content of Internet is of exclusive federal jurisdiction pursuant to the Constitution Act, 1867, and thus its regulation is ultra vires of the Quebec Government. The court confirmed the applicability of the Charter on advertising over the Internet.


With the Act to amend the Charter of the French language, S.Q. 1993, c. 40 (also known as Bill 86), the National Assembly (under a Quebec Liberal government) amended the Charter of the French Language to make it comply with the Supreme Court rulings. The amending law introduced the "Canada Clause" which replaced the "Quebec Clause". That is, the recognized right to English language education was extended to all Canadian citizens. It also introduced the current regulations on the "marked predominance" of French on outdoor commercial signs in conformity with the Supreme Court suggestion.

As suggested by the Supreme Court ruling, the current law specifies that commercial outdoor signs can be multilingual so long as French is markedly predominant. The current provisions regarding exterior commercial signs were confirmed as constitutional by the Quebec Court of Appeal in R. c. Entreprises W.F.H. [2001] R.J.Q. 2557 (C.A.) (also known as "The Lyon & the Walrus Case"). Today, many businesses choose to put up French-only signs, and at times, even change their registered trademarks to adapt to the Quebec market.[citation needed] Nevertheless, English–French bilingualism quickly returned on exterior signs after 1993, especially on the island of Montreal.

See also


  1. ^
  2. ^ David E. Short, Restrictions on Access to English Language Schools in Quebec: An International Human Rights Analysis, 4 Can.-U.S. L.J. 1 (1981)
  3. ^ a b c d "Quebec gets support in bid to overturn language-law ruling". CBC. 2007-08-23.
  4. ^ a b c "Charest 'no friend of anglos,' group says". The Gazette. 2007-08-24. Archived from the original on 2007-12-08.
  5. ^ "Families win challenge of Quebec language law". CBC News. 2007-08-22.
  6. ^ a b c Zaccagna, Remo (2007-09-05). "Families to appeal ruling". The Suburban.[permanent dead link]
  7. ^ Branswell, Brenda (2007-11-30). "Teachers union steps into court case on language of education". The Gazette. Archived from the original on 2012-11-04.
  8. ^ a b Macpherson, Don (2007-09-06). "Anglo rights cash squeeze". The Gazette. Archived from the original on 2007-12-09.
  9. ^ "Statement from Marcus Tabachnick, President of the Quebec English School Boards Association, on today's decision of the Quebec Court of Appeals on Bill 104" (Press release). Montreal. 2007-08-22. Archived from the original on 2007-10-26.
  10. ^ a b c "Challenging judges is unfair and unwise". The Gazette. 2007-08-25. Archived from the original on 2007-12-07.
  11. ^ "Quebec justice's imparitality questioned in language case". CBC News. 2007-08-24.
  12. ^ Block, Irwin (2007-08-26). "Bill 101 turns 30". The Gazette. Archived from the original on 2012-11-04.


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