A series of legal challenges have been set in motion against Quebec’s controversial Bill 96, which has been subject to widespread criticism for its stringent regulations on language use, particularly concerning the prioritization of the French language. Plaintiffs ranging from individuals to municipalities and legal experts have stepped forward, contesting various provisions of the bill they deem as overreaching and unconstitutional.
The Task Force on Linguistic Policy, headed by Bergman & Associates, represents individuals embodying ‘everyday Canadians’, including Andrew Caddell, E.M., M.G., Fred Vickerson, Timothy Croteau, and Patrick Kiely. This group is contesting sections of the law that restrict English communications with civil administration, limit enrolment in English CEGEPs, and empower the OQLF (Office québécois de la langue française) with broad powers of search and seizure. They argue these provisions undermine the essential framework of Canadian federalism and constitutionalism, including the rule of law, Quebec civil law principles, and human rights traditions in Canada through the prioritization of collective rights over individual rights.
Fasken Law, representing various parties, including Conseil de la magistrature and Lucie Rondeau, challenges criteria for the selection of Quebec Court Judges. Meanwhile, Grey Casgrain Lawyers, represented by Me Carl Ravinsky, Me Jeffrey Boro, and Dre Nadia Khouri, contest the constitutionality of translation requirements and the provision making French the sole language of the justice system, among others.
The English Montreal School Board (EMSB), represented by Power Law, raises concerns over the application of Bill 96 to English School Boards, translation requirements, and the supremacy of the French version over the English version of legislation. Similarly, Côte Saint-Luc, joined by 19 other municipalities, representing about 211,475 residents, challenges provisions related to municipal communications, bilingual status, and government power dynamics.
Cities of Mount Royal and Hampstead seek exemptions, claiming certain articles of the law contradict elements allowing bilingual services and argue that Quebec’s unilateral declaration of being a nation with French as the only official language is unconstitutional.
The Assembly of First Nations Quebec-Labrador (AFNQL) and the First Nations Education Council (FNED) express grave concerns that Bill 96 unjustifiably perpetuates disparities in education and hinders efforts to reclaim and revitalize First Nations’ Languages, contravening Section 35 of the 1982 Constitution Act.
As these legal challenges gain traction, Quebec’s linguistic landscape hangs in a delicate balance. The outcomes of these cases could redefine the province’s linguistic policies and have far-reaching implications on the Canadian fabric of multiculturalism and bilingualism.
Photo: Judicial gavel set for decisive rulings on the numerous legal challenges surrounding Bill 96. (TF) Photo: Tashi Farmilo
With notes from Mary Baskin, Marie-Eve Turpin and Lily Ryan