Canada

A legal challenge against Bill 96 is coming, says a lawyer from Montreal

A leading constitutional lawyer in Montreal says there will be a legal challenge to Bill 96, a Quebec-proposed law protecting the French language in the province.

The controversial law is expected to be passed in the National Assembly this week.

Civil rights lawyer Julius Gray says he expects to take part in the legal challenge, but cannot yet say which groups will take part.

“I hope to be part of the challenge all the way to the UN, as we did with Bill 178,” said Gray, who said the bill goes too far and violates constitutional and fundamental rights.

“This battle will not end until the highest international courts have ruled.”

The bill will reform several Quebec bills, including the French Charter, covering everything from education and healthcare to immigrants’ rights to be served in other languages.

It has been criticized on several fronts, in particular the use of the independence clause, which allows a province to repeal the fundamental freedoms guaranteed by the Canadian Charter of Rights and Freedoms.

Instead of applying the clause to specific parts of the bill, the government has applied the clause to the entire bill, making every aspect of the broad law immune from legal challenges based on the charter.

Crowds of protesters flooded the streets of downtown Montreal on May 14 in a demonstration by opposition to the bill. (Graham Hughes / Canadian Press)

Despite the blockade, Gray says he is confident that parts of the proposed law can be challenged on other grounds.

The Quebec Network of Public Groups has criticized the bill for many reasons, in part for violating citizens’ privacy rights, which significantly reduces the ability to receive public services in English and to impose fines for speaking languages ​​other than French. work.

“Don’t be fooled. The complexity of Bill 96 is by design, “wrote a network of Quebec community groups in a statement on the bill. He connects English-speaking groups in Quebec.

“This controversial legislation amends the Charter of the French Language, 24 other provincial statutes, a regulation and the Constitution Act of 1867,” the network said. “The government seems to be hoping that Quebecers are not paying attention to detail.

Quebec’s French language minister, Simon Jolin-Barrett, vigorously defended the bill in the face of criticism, calling it sensible, balanced and necessary “to ensure adequate protection of the French language” in the province.

The law not only discriminates against Anglophones, but also Francophones, Gray said.

If a law is passed that will limit the number of French students who are allowed to study in English CEGEP. Young Francophones who want to learn English, often for professional reasons, will be at a disadvantage, he said.

“Francophones are the big losers,” Gray said.

The proposed law will also force those who are in English CEGEP to take more French courses than is currently required.

“There is absolutely no rationality behind this law. The whole explanation, given that the French are in danger, is incorrect,” Gray added.