The Black Library, a British bookstore that sells science fiction novels in a number of languages, including French, has notified its customers in Quebec that it can no longer sell its products to them online. According to her, the adoption of Law 96 on the French language forces her to communicate with her clients in French on her transactional site, which she is not ready to do. Minister Jean-François Roberge’s office said it was ready to examine the situation.
Jean-Sébastien Fortin has been buying novels, audiobooks and electronic books directly from the Black Library for almost 20 years. These sci-fi novels are inspired by the worlds of tabletop games and video games of the parent company, Games Workshop, famous worldwide for its lead miniatures.
A true fan of these novels published since the mid-1990s, this Quebec City stuntman buys one or two a month. He is particularly fond of the audio books he listens to when traveling to Montreal or the United States. Today, he owns more than 250 of these works.
But at the end of last May, he received an email from the Black Library advising him that he could no longer purchase these products on the bookstore’s website.
From 1er June, you will no longer be able to make purchases on our site. This change is due to the entry into force of Bill 96 in Quebec.
Excerpt from Black Library email
Taken aback, he asked for an explanation. Management replied: “Businesses that offer goods and services in Quebec must serve their customers in French, including during the purchasing process on transactional sites. All communications, contracts, invoicing, etc. must be done in French. In this context, we have made the difficult decision to end our sales in Quebec. »
SCREEN CAPTURE PROVIDED BY JEAN-SÉBASTIEN FORTIN
Black Library management’s response to Jean-Sébastien Fortin’s email
Jean-Sébastien Fortin simply cannot explain the Black Library’s decision to put an end to its business with its customers in Quebec and deplores the fact that he now has to turn to Amazon, which only sells part of the huge collection of the Black Library while taking a share of the sales. Does law 96 really have such a scope? Or did the bookstore interpret the law too broadly?
PHOTO JACQUES GAINES, PROVIDED BY JEAN-SÉBASTIEN FORTIN
Quebec resident Jean-Sébastien Fortin
“The bookstore has a web page in French, sells its books in French, but its transactional site is actually in English, even if, we agree, we are essentially talking about a form… Will the government do the police on all the transactional sites of all the companies in the world to ensure that they communicate in French with their customers? »
Minister’s reaction
The office of French Language Minister Jean-François Roberge reacted to this story in a written communication with The Press. He was open to looking into the situation more closely.
“Bill 96 protects the rights of Quebecers to receive services in French. This right is fundamental. The intention of the legislator is to ensure that all merchants wishing to operate directly in Quebec must offer Quebecers a French version of their transactional site. On the other hand, we are aware that if Quebecers want to buy books from a bookseller in another country, this will must also be respected. We will do the necessary follow-up. »
Law 96 actually mentions “the language of service and the language of commerce, whether it be posting, buying and selling”. Its application to transactional sites of foreign businesses is quite a rare measure.
Me Jeffrey Talpis, professor specializing in private international law at the University of Montreal, admits that the line is thin when you consider the content found in the transactional part of a website. Despite everything, he considers that Bill 96 can have extraterritorial effects without violating international law “if there is a real and substantial link” with Quebec jurisdiction. The link here is French protection.
“It is assumed here that there is no constitutional violation, which is another question, deeper, on which I will not comment, he tells us. But let’s say it’s valid, it’s the question of the scope of the law that is interesting here. In principle, the laws of a province cannot have extraterritorial effect, but in this case, we are talking about a law that covers all Quebecers and, incidentally, the foreign companies that interact with them. »
“The frustrated customer could go to court, adds Me Talpis, but he’ll likely have to file a class action lawsuit to challenge the law’s constitutionality first. Then, secondly, the principle of the extraterritoriality of the law… But it is far from over. In fact, it’s easier for the foreign merchant to comply and to Frenchify his transactional page, but if his clientele isn’t that large, he won’t invest in services in French. »
Since the entry into force of Bill 96, consumers can sue service companies if they believe that their language rights are violated, which has undoubtedly convinced many of them either to comply or to stop serving Quebec customers. “A court could issue an injunction, notes Me Talpis, but would this injunction be recognized abroad? I have many doubts. »
Nevertheless, in this case, the Black Library seems to have taken the lead. Who will monitor the language of communication used in other transactional sites around the world? Does Quebec have the means to hunt them down? “Basically, insists M.e Talpis, a complaint must be filed against said business. It remains to be seen whether the government will relax the application of its law in certain cases. By deciding, for example, to remove forms from its communications. To have.