Supreme Court of Canada Renders Quebec’s Bill 104 Unconstitutional
On October 22 2009, the Supreme Court of Canada judged Quebec’s Bill 104 to be unconstitutional. The controversial bill was enacted in 2002 by the Quebec ruling party of the day, the Parti Quebecois, and has since been subject of a slew of courts cases, the issue eventually reaching Quebec’s Court of Appeal in 2007, where it ruled against the bill. Two years later, Justice Louis LeBel of the Supreme Court of Canada has taken a similar stance, calling the bill, “excessive” and giving Quebec a 1 year grace period to address and rectify the situation.
In the province already currently possessing the most restrictive language policies in the country, Bill 104 eliminated the last hope for Anglophones in Quebec to obtain English language education without being subjected to a long and trying process for determining ‘eligibility’ for this right. As a result, a group of 25 families took part in this case to argue for their children’s right to an education in the English language. As such, the ruling in this case is only a partial victory. Quebec’s debatable language laws still stand minus Bill 104. Anglophone Canadians and others who express an interest in English instruction are now back to the unenviable and astonishing position of attempting to enrol in English language schools through legal loopholes. It also leaves the 25 families, and many others, besides in a minimum of a yearlong limbo awaiting the new legislation to take its place.
On October 22 2009, the Supreme Court of Canada judged Quebec’s Bill 104 to be unconstitutional. The controversial bill was enacted in 2002 by the Quebec ruling party of the day, the Parti Quebecois, and has since been subject of a slew of courts cases, the issue eventually reaching Quebec’s Court of Appeal in 2007, where it ruled against the bill. Two years later, Justice Louis LeBel of the Supreme Court of Canada has taken a similar stance, calling the bill, “excessive” and giving Quebec a 1 year grace period to address and rectify the situation.
Now that Bill 104 has officially been found to be at odds with Section 23 of the Charter of Rights and Freedoms, which guarantees minority language rights nationwide, will the rest Quebec’s language laws be examined? Will all of Canada’s language laws be examined?
The implications of separate laws for different territories lead to just such discrepancies as language protection versus rights of the individual. Both are central issues close to the hearts of Canadians. Surely we can do a better job of reconciling the two.
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Tags: bill 104, constitution, language, quebec
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