Famous Cases.

• Author: Bowal, Peter
• Position: Columns - French language in Quebec: Quebec v Blaikie

Charter of the French Language: Quebec v Blaikie

A recent LawNow article outlined the constitutional history and framework of bilingualism in Canada. In this article, we focus on Quebec's 1977 Charter of the French Language, popularly known as Bill 101.

This legislation raised the question of whether a provincial government could broadly regulate language across its jurisdiction, namely to mandate one official language. Here we describe the decision in Quebec (AG) v Blaikie (No 1), the first of several court decisions that addressed whether Bill 101 aligned with Canada's Constitution Act, 1867.

Background

In the decades leading up to the 1970s, the relationship between Quebec's French and English-speaking communities became more and more strained. When the Parti Québécois won in 1976, the long-standing language conflict reached a tense and pivotal point. Under the leadership of Premier René Lévesque, the new provincial government was determined to make Quebec a sovereign state. Bill 101 was a crucial first step towards this goal. In 1977, Bill 101 declared French to be the official language of Quebec and restricted the use of English in the public sector (courts, civil service and schools) as well as the private sector (shops and workplaces).

Legal Concerns and Arguments

In 1979, three Quebec lawyers--Peter Blaikie, Roland Durand and Yoine Goldstein --challenged the part of Bill 101 which made French the sole official language of Quebec's legislatures, courts and quasi-judicial bodies (sections 7 to 13). Bill 101 said that the government must draft legislation only in French and that only the French version was official. Lawyers, courts and other quasi-judicial bodies were to write all pleadings and decisions in French.

Blaikie et al argued that this French requirement directly violated section 133 of the Constitution Act, 1867. Section 133 reads:

Either the English or the French Language may be used by any person in... the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals... and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any... of the Courts of Quebec. Section 133 further directs that Quebec legislation be printed in both languages.

In defense of Bill 101, Quebec relied on the division of sovereign powers in the same Constitution Act, 1867. Specifically, under section 92(1), provincial governments have the right to amend the...