In a letter sent Thursday to the Minister of Justice of Quebec, Simon Jolin-Barrette, lawyer Julius Gray announces that his firm has been mandated by a professor and two lawyers to challenge certain provisions of the Act respecting the official and common language of Quebec, French (PL 96), sanctioned a few weeks ago.
The purpose of this formal notice is to propose a possible solution to the government, namely the suspension of the application of the law to allow the reopening of the debate, explains Mr.e Grey. “Not in order not to protect French, but rather to reconsider the provisions of this law”, he specifies from the outset in an interview with the To have to.
He raises certain “shortcomings”, in particular from the point of view of “economic benefits”, deemed “deplorable”, and “individual rights”.
“This is a law that affects all sectors of Quebec life. [Elle] generates a lot of uncertainty, tension and confusion for the population and the business world, which must suffer the consequences, ”we can read in the missive signed by the lawyer.
“I am for a French-speaking Quebec, but a welcoming and rights-conscious Quebec,” pleads Me Gray on the line.
The sections of PL 96 that will be challenged relate to “legal aspects” — not only the obligation to translate English legal documents into French, but also “the idea that, in doubt, the French version of a law will prevail,” he explains.
“Accused or criminal, you have the right to be understood by your judge without an interpreter,” argues the lawyer specializing in human rights. Recall that the Chief Justice of the Court of Quebec, Lucie Rondeau, announced in this sense last month her intention to invalidate an article of the Charter of the French language which prevents the systematic requirement of bilingualism among candidates for the judiciary. .
Constitutional issues
Me Gray will also tackle the unilateral amendment of the Constitution seeking to enshrine in the Constitution Act of 1867 the recognition of the nation as well as of French as the only official and common language of Quebec.
“I think the purpose of this amendment is to say that the Constitution should be interpreted differently in Quebec,” he said. If we want to amend the Constitution, we have to do it according to the rules, and not unilaterally. »
His firm was also mandated to examine the provisions posing obstacles to access to justice, searches and seizures by the Office québécois de la langue française, particularly in lawyers’ and notaries’ offices, as well as the use of overriding provisions in the charters of rights.
“Given the context of the adoption of this law — during a pandemic and without consulting the groups concerned — it is important for Quebec to have a discussion on its content. […] It is necessary to suspend the operation of the law and refer it to the Court of Appeal in the context of a reference within the meaning of section 1 of the Act respecting references to the Court of Appeal “, we also read in the letter.
Gray Casgrain will officially file the lawsuit next week and will reveal the identity of the plaintiffs.