Supreme Court Rules Against Québec Language Laws
25 Families Win Right To Choose English Schools
Oct 22, 2009
The Parti Quebécios government first introduced the controversial legislation in 2002. Its purpose was to close loopholes in Bill 101- a piece of legislation restricting children’s enrollment in English language schools. Twenty-five families challenged the law, and at the ruling came down on October 22, 2009
Protecting the French Language: Bills 101, and 104
The Parti Québecios is a provincial sovereigntist party. Its core belief is Quebéc separation, and that everything that can be done to preserve what it views as the French language and culture, should be done. Québec has always been protective over its language, and culture. English speaking Quebeckers are known as Anglophones, and French-speaking Quebeckers are known as Francophones.
Bill 101 is known as the “Québec Language Charter.” The Parti Quebecois passed the legislation in 1977, making French the language of government and businesses over 50 employees. It restricted English schooling to children with siblings already in the system, or people temporarily posted in Québec, or kids with parents who had received an English language education.
Bill 104 is considered an amendment to bill 101. Under Bill 101, there was a system where parents could send children to English language schools after having them educated in private schools. Bill 104 closed the loophole. Three years later, Canada’s Supreme Court agreed to hear three cases, including one concerning a francophone couple who want the right to send their children to an English school.
On October 22, the Supreme Court rendered its final ruling on Bill 104. It declared the legislation unconstitutional.
Supreme Court Ruling on Bill 104 Affects 25 Families
Before today’s ruling, Quebec’s own Court of Appeal declared the law unconstitutional. Its ruling said it violated section 23 of the charter of rights- a section giving children the right to continue being educated in the language of their choice. In other words, a child educated in French, could choose to continue in French, just as those taught in English could continue.
In all, 25 families took part in the charter challenge. In remarks published by CBC.CA their lawyer Brent Tyler said he was pleased with the ruling: “We’re very happy the law was declared invalid. That was the first step.” A grace period of one year has been granted to the Quebec government.
Meanwhile, at the provincial level, the Supreme Court ruling hasn’t been well received. According to CBC.CA Québec Premier Jean Charest is disappointed and called the law a piece of important legislation designed to prevent parents from breaking the law.
Parti Québecios leader Pauline Marois reacted by filing an emergency motion calling on the legislature to denounce the Supreme Court decision. It also called on Charest to stand up for the French language. He hasn’t said yet how his government will respond to the ruling, but when it does it will emphasize the importance of the French language.
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