(Quebec) Barely adopted, the Legault government’s Bill 96 — an imposing reform of Bill 101 which transforms important parts of the Charter of the French language — was partly suspended by the Superior Court.
Posted at 1:59 p.m.
The decision fell on Friday under the pen of judge Chantal Corriveau. Earlier this month, lawyers asked the Court to obtain a stay of two sections of the law that will require any legal proceedings filed in English in Quebec to be accompanied by a French translation. Law 96 was adopted by the National Assembly last May.
In her judgment, Judge Corriveau stated that “the plaintiffs raise a serious question, namely a possible contravention of section 133 of the Constitution Act, 1867, which provides in Quebec for access to the courts in French and in English”.
“The plaintiffs plead that this is contrary to a provision of the Constitution and creates a barrier preventing access to the Courts for legal persons whose representatives are English-speaking. The additional costs and additional time required to obtain a certified translation create a barrier to access to justice,” she says.
For his part, the Attorney General of Quebec “answers that Bill 96 was adopted to promote French and since justice must be exercised in French, the contested provisions are valid and do not create any obstacle to access to justice”, continues the judge.
But in the end, Judge Corriveau considers that “the plaintiffs have demonstrated irreparable prejudice in the event of the entry into force of the new provisions during the proceedings, in particular since the new provisions may make access to justice impossible or illusory in the case of urgent procedure”.
“The requirement for a translation certified by a certified translator must be assessed according to the delays and the costs they entail. It is likely that this requirement will lead to an obstacle to access to justice,” she believes.
A trial in the fall
A trial to decide the issue on the merits is due to take place next November. In interview with The PressMe Félix-Antoine Doyon, who represents lawyers who have filed a request for a stay, is delighted with the decision rendered by the Court on Friday.
“During the trial, in November, we will address the main question, namely that of determining whether or not the two new articles are contrary to the Constitution Act,” he said.
At the time of publication, the office of the Minister of the French Language, Simon Jolin-Barrette, had still not reacted to the judgment.
This flagship law of the Legault government, which will soon begin an election campaign, is also being challenged in court by the English-Montreal School Board (CSEM).
With Vincent Larin, The Press