Legal Challenges Against Bill 96
With the assent of Bill 96, our team dedicated to issues relating to the reform of the Charter of the French language and other related laws is closely monitoring the evolution of the ongoing legal challenges. Here is an overview of the legal challenges filed so far:
|
File number |
Date of filing |
Main claims |
Link to procedure |
|
500-17-121195-229
|
June 1, 2022 |
In an application for judicial review and declaratory judgment, the plaintiffs are challenging the constitutionality of several provisions of the Charter of the French language as amended by Bill96, particularly the provision concerning the interpretation of the English and French versions of the laws in the event of semantic conflict,1 those relating to the selection process for judges,2 the language in which judgments3 are published, the certified and mandatory translation of pleadings filed in a language other than French by legal persons,4 internal communications,5 the OQLF's monitoring powers with regard to English language school boards6 and other obligations of communication with the civil administration.7 The plaintiffs wish to have these provisions declared inoperative. The plaintiffs rely on section133 of the Constitution Act, 1867, which guarantees the right to equal access to justice in English and in French, judicial bilingualism before provincial and federal courts, and on the right to manage and control English language education under section23 of the Canadian Charter of Rights and Freedoms. |
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500-17-121419-223
|
June 21, 2022 |
In an application for judicial review, the plaintiffs also challenge the constitutionality of the provisions relating to the certified and mandatory translation of pleadings filed in a language other than French by legal persons8 and ask that they be invalidated (and suspended pending the proceedings), based on section133 of the Constitution Act, 1867. |
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Footnotes
1. Charter of the French language, as amended by Bill 96, s. 7.1.
2. Ibid., s. 12 and 13; Courts of Justice Act, as amended by Bill 96, s. 88.1; Regulation respecting the selection procedure of candidates for the office of judge, as amended by Bill 96, s. 6, 9, 9.1 and 25.
3. Charter of the French language, as amended by Bill 96, s. 10–11.
4. Ibid., s. 9 and 208.6.
5. Ibid., s. 26 and 41.
6. Ibid., s. 128.6 and s.
7. Ibid., s. 14, 17, 18, 18.1, 19 and 22.
8. Ibid., s. 9 and 208.6.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
