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The ''Charter of the French Language'' (french: link=no, La charte de la langue française), also known in English as Bill 101, Law 101 (''french: link=no, Loi 101''), or Quebec French Preference Law, is a law in the
province A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outs ...
of
Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen ...
in Canada defining French, the language of the majority of the population, as the
official language An official language is a language given supreme status in a particular country, state, or other jurisdiction. Typically the term "official language" does not refer to the language used by a people or country, but by its government (e.g. judiciary, ...
of the provincial government. It is the central legislative piece in Quebec's
language policy Language policy is an interdisciplinary academic field. Some scholars such as Joshua Fishman and Ofelia García consider it as part of sociolinguistics. On the other hand, other scholars such as Bernard SpolskyRobert B. Kaplanand Joseph Lo Bian ...
, and one of the three
statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by l ...
documents Quebec society bases its cohesion upon, along with the
Quebec Charter of Human Rights and Freedoms The ''Charter of Human Rights and Freedoms'' (french: Charte des droits et libertés de la personne), also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1 ...
and the
Civil Code of Quebec The ''Civil Code of Quebec'' (CCQ, french: Code civil du Québec) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the ''Civil Code of Lower Canada'' (french: Code civil du Bas- ...
. The Charter also protects the Indigenous languages of Quebec. Proposed by
Camille Laurin Camille Laurin (May 6, 1922 – March 11, 1999) was a psychiatrist and ''Parti Québécois'' (PQ) politician in the Canadian province of Quebec. A MNA member for the riding of Bourget, he is considered the father of Quebec's language law k ...
, the Minister of Cultural Development under the first
Parti Québécois The Parti Québécois (; ; PQ) is a sovereignist and social democratic provincial political party in Quebec, Canada. The PQ advocates national sovereignty for Quebec involving independence of the province of Quebec from Canada and establishin ...
government of Premier
René Lévesque René Lévesque (; August 24, 1922 – November 1, 1987) was a Québécois politician and journalist who served as the 23rd premier of Quebec from 1976 to 1985. He was the first Québécois political leader since Confederation to attempt ...
, it was passed by the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
and received
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
on August 26, 1977. The Charter's provisions expanded upon the 1974 '' Official Language Act'' (Bill 22), which was enacted during the tenure of Premier
Robert Bourassa Robert Bourassa (; July 14, 1933 – October 2, 1996) was a Canadian lawyer and politician who served as the 22nd premier of Quebec from 1970 to 1976 and from 1985 to 1994. A member of the Liberal Party of Quebec, he served a total of just un ...
's
Liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and ...
government to make French the official language of Quebec. Prior to 1974, Quebec had no official language and was subject only to the requirements on the use of English and French contained in Article 133 of the ''
British North America Act, 1867 The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
''. The Charter has been amended more than six times since 1977. Each amendment has been controversial in Quebec. The amendments of 2022 (also covered in this article) were passed via the ''Act respecting French, the Official and Common Language of Quebec'', and commonly known as Bill 96.


Objective

The preamble of the Charter states that the National Assembly resolved "to make French the language of Government and the Law, as well as the normal and everyday language of work, instruction, communication, commerce and business". It also states that the National Assembly is to pursue this objective "in a spirit of fairness and open-mindedness", recognizes "the right of the
First Nations First Nations or first peoples may refer to: * Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area. Indigenous groups *First Nations is commonly used to describe some Indigenous groups including: **First Natio ...
and the Inuit in Quebec, the first inhabitants of this land, to preserve and develop their original language and culture".


Titles

The Charter consists of six titles and two schedules. The nine chapters of Title I, pertaining to the status of the French language, declare French the sole official language (chapter I), define the fundamental language rights of persons (chapter II), and define the status of French in the parliament and the courts (chapter III), the civil administration (chapter IV), the semipublic agencies (chapter V), labour relations (VI), commerce and business (VII), and language of instruction (VIII). The five chapters of Title II, pertain to linguistic officialization,
toponymy Toponymy, toponymics, or toponomastics is the study of ''toponyms'' (proper names of places, also known as place names and geographic names), including their origins, meanings, usage and types. Toponym is the general term for a proper name of ...
, and the francization of the civil service and enterprises. Title III establishes the
Office québécois de la langue française The (, OQLF; en, Quebec Board of the French Language) is a public organization established on 24 March 1961, by the Liberal government of Jean Lesage. Attached to the , its initial mission, defined in its report of 1 April 1964, was "to align ...
(Quebec Office of the French language), defines its mission, powers, and organization. Title IV establishes the Conseil supérieur de la langue française (Superior Council of the French language). Title V and VI define penal provisions and sanctions and transitional and miscellaneous provisions.


Status of the French language

To achieve the goal of making French the "normal and everyday language of work, instruction, communication, commerce and business" and ensure the respect of French Quebecers' language rights, the Charter contains a number of key provisions and various regulations.


Official language

In the first article of the Charter, French is declared the official language of Quebec. The French language was previously declared the sole official language of Quebec with the adoption of the '' Official Language Act'' in 1974. Quebec is constitutionally obliged nonetheless to provide English services in the courts and the
National Assembly of Quebec The National Assembly of Quebec (officially in french: link=no, Assemblée nationale du Québec) is the legislative body of the province of Quebec in Canada. Legislators are called MNAs (Members of the National Assembly; french: link=no, déput� ...
(see below).


Fundamental language rights

The fundamental French-language rights in Quebec are: # The right to have the civil administration, the health services and social services, the public utility enterprises, the professional corporations, the associations of employees and all enterprises doing business in Quebec communicate with the public in French. (article 2) # The right to speak French in deliberative assemblies. (article 3) # The right of workers to carry on their activities in French. (article 4) # The right of consumers to be informed and served in French. (article 5) # The right of persons eligible for instruction in Quebec to receive that instruction in French. (article 6)


Parliament and courts

French is the declared language of the legislature and courts in Quebec. Section 133 of the ''Constitution Act, 1867'', still in effect, nonetheless requires that bills be printed, published, passed, and assented to in French and in English in Parliaments and the legislatures of Canada and of Quebec. French or English may be used by any person before the courts of Quebec. Parties may request the translation in French or English of the judgments by the courts or decisions rendered by any "body discharging quasi-judicial functions". The French text prevails over the English one, in case of any discrepancy, for any regulation to which section 133 of the ''Constitution Act'' of 1867 does not apply. The first version of the Charter provided that laws be enacted only in French. In 1979, the related provisions (articles 7 through 13) were rendered inoperative by a ruling of the Supreme Court of Canada in '' Attorney General of Quebec v. Blaikie''; however, Quebec responded by re-enacting in French and in English the ''Charter of the French Language'', leaving intact articles 7 through 13. In 1993, the Charter's provisions related to the language of the legislature and courts were made compliant with the Supreme Court's ruling.


Civil administration

The government departments, agencies are designated by their French name alone, all administrative documents are drafted and published in the official language. All communications by the administration with other governments and legal persons, between departments and internally inside departments, are conducted in the official language. Knowledge of the official language appropriate to the office being applied for is required. A non-official language may be used on signs and posters of the administration for health or public safety reasons.


Semi-public agencies

Public utilities and professional orders must provide service in the official language and use it for their internal and general communications. Professional orders may issue permits only to persons who have a knowledge of the official language appropriate to the practice of their profession.


Labour relations

Nineteen articles of the Charter provide for the general goal of making French the language of labour relations and implementing each worker's right to carry on their activities in French. Employers are to draw up written communications to all or part of their staff, including after termination of the employment relationship, in French. They are also required to publish offers of employment, transfer or promotion in the official language. An employment contract must be provided in French first to a candidate if it falls under the definition of
contracts of adhesion A standard form contract (sometimes referred to as a ''contract of adhesion,'' a ''leonine contract'', a ''take-it-or-leave-it contract'', or a '' boilerplate contract'') is a contract between two parties, where the terms and conditions of the co ...
(i.e. a contract whose main provisions are not negotiable). It is only after the parties have examined the contract's French version that they may choose to be bound by its version in another language. Freely negotiated employment contracts may be drawn up in another language than French at the parties' express with. In particular, an employer cannot dismiss, lay off, demote, transfer or take reprisals against or impose any other penalty on a staff member on the sole account of his being exclusively French-speaking or of possessing insufficient knowledge of a non-official language, or because that member demanded the respect of his right to work in French. As a job requirement, knowledge or a specific level of knowledge of a language other than French is prohibited, unless the nature of the duties require it. The ''Commission des normes, de l’équité, de la santé et de la sécurité du travail'' arbitrates in case of disagreement over the necessity of knowing a non-official language to perform a given work. The burden of the proof is on the employer. An employer is deemed not to have taken all reasonable means to avoid requiring knowledge or a specific level of knowledge of a language other than the official language if, before requiring such knowledge or such a level of knowledge, one of the following conditions is not met: (1) the employer assessed the actual language needs associated with the duties to be performed; (2) the employer made sure that the language knowledge already required from other staff members was insufficient for the performance of those duties; or (3) the employer restricted as much as possible the number of positions involving duties whose performance requires knowledge or a specific level of knowledge of a language other than the official language.


Commerce and business

Product labels, their instructions, manuals, warranty certificates as well as restaurant menus and wine lists must be in French. Other languages may be used, provided French's prominence is at least equivalent. Catalogues, brochures, folders, commercial directories and other such publications, must be in French. All software (for example, video games and operating systems) must be available in French unless no French version exists. Signs and posters must be in French, and they may also be in another language provided French is markedly predominant. A recognized trademark within the meaning of the Trademarks Act may appear exclusively in a language other than French unless a French version has been registered. Where a trademark is displayed outside a building exclusively in a language other than French, a sufficient presence of French must also be ensured. A number of exceptions to the general rules for commercial products, signs, and advertising: * Products destined exclusively for export; * Educational products for the teaching of a language other than French; * Cultural and ideological companies, groups, signs, and literature (including non-French broadcasters and newspapers); * Companies (usually multinational corporations) that sign an agreement with the OQLF permitting an exemption from the francization requirement. (However, the rules regarding the right of a worker to work in French still apply.) In some parts of Quebec like Montreal, signs with bilingual French and English text of equal sizes can be seen (such as in historically English educational institutions, and in federally regulated businesses), although French is sometimes predominant on these signs. For example, French is located to the left of other languages so that it is read before the non-French text when reading left to right. (Formerly, the size and colour of text in other languages were tightly regulated as well.)


Application to indigenous languages

Though Article 97 clarifies that while "the Indian reserves are not subject to this Act", the local indigenous language is still subject to it off-reserve. For example, the local indigenous language is not exempted from the application of Article 58, whereby "public signs, advertising and posters must be in French", and may be in the local indigenous language "provided that French is markedly predominant". Though Article 58 does allow the provincial government to "determine by regulation the places, cases, conditions or circumstances ... where French need not be predominant or where such signs, posters and advertising may be in another language only", it imposes no obligation on the government to exempt the local indigenous language.


Language of instruction

The language of instruction from kindergarten to secondary school is French. (The instruction language is the language in which the classes are taught. Learning of English as a second language is mandatory for all children attending French school beginning in elementary school.) Articles 87, 88 and 89 provide for the use of Amerindic languages and
Inuktitut Inuktitut (; , syllabics ; from , "person" + , "like", "in the manner of"), also Eastern Canadian Inuktitut, is one of the principal Inuit languages of Canada. It is spoken in all areas north of the tree line, including parts of the provinces o ...
as the language of instruction. The rate of introduction of French and English as languages of instruction is left to school committees and parents' committees.Charter of the French Language
Title I – Chapter VIII
At the request of parents, the following may receive instruction in English: # a child whose father or mother is a Canadian citizen and received elementary instruction in English anywhere in Canada, provided that that instruction constitutes the major part of the elementary instruction he/she received in Canada; # a child whose father or mother is a Canadian citizen and who has received or is receiving elementary or secondary instruction in English in Canada, and the brothers and sisters of that child, provided that that instruction constitutes the major part of the elementary or secondary instruction received by the child in Canada. The original 1977 Charter provided for the English instruction not on the basis of a parent having received his instruction in English in ''Canada'', but in ''Quebec'' only. This came to be amended following the adoption of the ''
Constitution Act 1982 The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...
'', which defined the educational right of French and English minorities in all provinces under section 23 of the
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
.


Office québécois de la langue française

The ''Office québécois de la langue française'', informally known by some Anglophones as the "language police", is the commission responsible for conducting the policy pertaining to linguistic officialization, toponymy and francization of civil administration and enterprises. It also has the mission of "monitoring the linguistic situation in Québec", promoting the official language, and conducting research. In 2016–17, the budget of the OQLF was . The office is frequently accused of abusing its powers, such as occurred in 2013 during the "
pastagate Pastagate is the informal name of an incident that began in 2013 in Quebec, when, on 14 February, an inspector of the (OQLF) sent a letter of warning to upscale Montreal restaurant Buonanotte, for using Italian words such as , and on its menu i ...
" affair when an Italian restaurant was cited for having pasta, antipasti, calamari, and the like on its menu, instead of using French equivalents. The office also objects to the sale of "grilled cheese sandwiches", insisting that they be called , which literally translates to "melted cheese sandwich". Likewise, the Quebec language office objects to "on/off" switches and to the sale of "steaks", insisting that they be called , "despite the fact that ''steak'' is the far more common term among Francophones."


Conseil supérieur de la langue française

The Conseil supérieur de la langue française (Superior Council of the French language) is an advisory council whose mission is "to advise the minister responsible for the application of the Charter of the French language on any question relative to the French language in Quebec". It works in close collaboration with equivalent bodies in France, Belgium and Switzerland.


Legal dispute

Language in Canada is defined federally by the '' Official Languages Act'' since 1969 and is part of the
Constitution of Canada The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
since 1982. Parts of the Charter have been amended in response to rulings by Quebec Courts which were upheld by the Supreme Court of Canada. Before 1982, the only part of the ''Charter of the French Language'' that could be challenged constitutionally was that of the language of legislation and the courts. It was challenged in 1979 by Peter Blaikie, Roland Durand and Yoine Goldstein ('' Attorney General of Quebec v. Blaikie''). In 1982, the
patriation Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because under the Statute of Westminster 1931, with Canada's agreement at the time, the Parliament o ...
of the Canadian Constitution occurred as the British Parliament passed the ''
Canada Act 1982 The Canada Act 1982 (1982 c. 11; french: Loi de 1982 sur le Canada) is an act of the Parliament of the United Kingdom and one of the enactments which make up the Constitution of Canada. It was enacted at the request of the Senate and House of ...
''. This act enacted the ''
Constitution Act, 1982 The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...
'' for Canada (including the
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
); section 23 introduced the notion of "minority-language education rights". This opened another door to a constitutional dispute of the Charter.
Alliance Quebec Alliance Quebec (AQ) was a group formed in 1982 to lobby on behalf of English-speaking Quebecers in the province of Quebec, Canada. It began as an umbrella group of many English-speaking organizations and institutions in the province, with approxi ...
, an anglophone rights lobby group, was founded in May 1982 and operated until 2005. It was mainly through this civil association that a number of lawyers have challenged the constitutionality of Quebec's territorial language policy. A judge temporarily suspended two articles of Bill 96. The articles mandated companies to pay for the translation into French of legal documentation. Quebec Superior Court Justice Chantal Corriveau decided that requiring companies to pay for certified translation might delay some anglophone bodies from the right to access justice.


Timeline of amendments


1988 and 1993 amendments (Bills 178 and 86)

Bill 178 was passed in direct response to the legal case of '' Ford v. Quebec (Attorney General)'' and invoked the
notwithstanding clause Section 33 of the ''Canadian Charter of Rights and Freedoms'' is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (french: clause dérogatoire, links=no or ), sometimes referred to as the override power, and ...
to shield the articles on business signage from judicial review. Because the law could not be challenged in Canadian courts due the invocation of the notwithstanding clause, a group of English-rights activists instead filled a claim at the
United Nations Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
in 1989: in '' Ballantyne v Canada'' the Quebec language law was found to have violated the rights of the complainants. In response, the Quebec Liberals introduced
Bill 86 Bill 86 is a law in Quebec, Canada, which modified the Charter of the French Language to allow the use of languages other than French on outdoor public signs in Quebec, as long as French is predominant. It was passed on June 17, 1993 by the Liber ...
which made the Charter compliant with the Canadian court rulings without the need for the override provisions.


Proposed 2013 amendments (Bill 14)

In 2013
Diane De Courcy Diane De Courcy is a Canadian politician. She was a Parti Québécois member of the National Assembly of Quebec for the riding of Crémazie from 2012 to 2014, first elected in the 2012 election. Prior to entering the National Assembly, De Cour ...
, the Minister Responsible for the Charter of the French Language under Premier
Pauline Marois Pauline Marois (; born March 29, 1949) is a retired Canadian politician, who served as the 30th premier of Quebec from 2012 to 2014. Marois had been a member of the National Assembly in various ridings since 1981 as a member of the Parti Québ ...
of the Parti Québécois introduced Bill 14 (an ''Act to amend the Charter of the French language, the Charter of human rights and freedoms and other legislative provisions''). The bill would have made changes to both the ''Charter of the French Language'' and the ''Charter of Rights of Quebec''. Marois eventually withdrew the legislation in the face of criticism from Anglophone and Allophone Quebecs and the Quebec Liberal Party, and shifted focus to the
Charter of Quebec Values The Charter of Quebec Values () was Bill 60 in the Canadian province of Quebec, introduced by the governing Parti Québécois in 2013 under Premier Pauline Marois, trying to legislate the Quebec controversy on reasonable accommodation. The PQ ca ...
. However, most of the details formed basis of the 2021 amendments.


2021 amendments (Bill 96)

On August 26, 2020, Quebec's Minister of Justice and French Language
Simon Jolin-Barrette Simon Jolin-Barrette is a Canadian lawyer and politician in Quebec, Jolin-Barrette (born 1987) was elected to the National Assembly of Quebec in the 2014 Quebec election. He represents the riding of Borduas as a member of the Coalition Aveni ...
announced plans for 2021 that would strengthen the charter. On May 12, 2021, the CAQ government of
François Legault François Legault (; born May 26, 1957) is a Canadian politician serving as the 32nd premier of Quebec since 2018. A member of the Coalition Avenir Québec (CAQ), he has led the party since its founding in 2011. Legault sits as a member of the ...
announced Bill 96, which strengthened the charter. Bill 96 invoked the
notwithstanding clause Section 33 of the ''Canadian Charter of Rights and Freedoms'' is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (french: clause dérogatoire, links=no or ), sometimes referred to as the override power, and ...
, allowing the law to temporarily override sections 2 and 715 of the ''Canadian Charter of Rights and Freedoms''. Some of the proposed measures were. * Adding clauses to the Canadian Constitution, saying Quebec is a nation and that its
official An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their s ...
and common language is French. * Forcing all commercial signage that includes non-French trademarks to include a "predominant" amount of French on all signs. * Removing a municipality's bilingual status if census data shows that English is the first language for less than 50 per cent of its population, unless the municipality decides to maintain its status by passing a resolution to keep it. * Creating the French Language Ministry and the position of French-Language Commissioner, as well as bolstering the role of the OQLF. * Giving access to French training for those who are not obligated by law to go to school in French. * Applying the charter to businesses with 25−49 employees and federal workplaces. The leader of the
Parti Québécois The Parti Québécois (; ; PQ) is a sovereignist and social democratic provincial political party in Quebec, Canada. The PQ advocates national sovereignty for Quebec involving independence of the province of Quebec from Canada and establishin ...
,
Paul St-Pierre Plamondon Paul St-Pierre Plamondon (; often identified by his initials: PSPP; born February 17, 1977) is a Canadian lawyer, television columnist and politician. He has been the leader of the Parti Québécois since October 9, 2020. He represents Camill ...
, said he supported aspects of the bill, but felt it did not go far enough, saying, "Unfortunately, the CAQ gave us the absolute minimum." A few days later PQ announced their plan if elected, which would include * cutting off funding to companies that do not respect their obligations when it comes to using French * subjecting
CEGEP A CEGEP ( or ; ), also written cégep, CÉGEP and cegep, is a publicly funded college providing technical, academic, vocational or a mix of programs; they are exclusive to the province of Quebec's education system. A loanword from French, ...
s to the charter, imposing a uniform French exam on English-speaking CEGEP students * lowering immigration thresholds. According to a poll by Léger published on May 22, among Francophones the approval rate for the various proposals was fluctuating between 72% and 95%. Protests against the bill included "several thousand" people in Montreal and Indigenous youth. Bill 96 was adopted on May 24, 2022, with 78 MNAs in favour (from the CAQ and
Québec solidaire Québec solidaire (QS; ) is a democratic socialist and sovereigntist political party in Quebec, Canada. The party and media outlets in Canada usually use the name "Québec solidaire" in both French and English, but the party's name is sometim ...
) and 29 against (from the
Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. __TOC__ Active liberal parties This is a li ...
and
Parti Québécois The Parti Québécois (; ; PQ) is a sovereignist and social democratic provincial political party in Quebec, Canada. The PQ advocates national sovereignty for Quebec involving independence of the province of Quebec from Canada and establishin ...
). It received royal assent from Lieutenant Governor J. Michel Doyon on June 1, and subsequently became law.


Criticism

The Charter was criticised by Prime Minister
Pierre Trudeau Joseph Philippe Pierre Yves Elliott Trudeau ( , ; October 18, 1919 – September 28, 2000), also referred to by his initials PET, was a Canadian lawyer and politician who served as the 15th prime minister of Canada from 1968 to 1979 and ...
, who called Bourassa's Bill 22 as a "slap in the face", in his memoirs, as he saw it as contrary to the federal government's initiative to mandate bilingualism. Except for
New Brunswick New Brunswick (french: Nouveau-Brunswick, , locally ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. It is the only province with both English and ...
, most other provinces that accepted Trudeau's bilingualism initiative never fully implemented it. The most notable case was
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
, where Premier
Bill Davis William Grenville Davis, (July 30, 1929 – August 8, 2021) was a Canadian politician who served as the 18th premier of Ontario from 1971 to 1985. Davis was first elected as the member of provincial Parliament for Peel in the 1959 provincia ...
did not grant full official status to the French language, despite the fact that the infrastructure was already in place. Political opposition to the Charter and earlier such language legislation has had limited success, given the support of the laws by the Parti Québécois and Quebec Liberal Party. Legislative initiatives prior to Bill 101 such as '' An Act to promote the French language in Quebec'' (Bill 63) were often perceived by francophones as insufficient. After Bourassa passed the '' Official Language Act'', opponents turned their support to the Union Nationale in the 1976 election, but despite that short resurgence of support, the party collapsed in the subsequent election. Court challenges have been more successful: Many of the key provisions of the initial language legislation having been rewritten to comply with rulings. Despite compliance since 1993 of the Charter with the Canadian Constitution, opposition to the Charter and the government body enforcing it has continued. According to Statistics Canada, up to 244,000 English-speaking people have emigrated from Quebec to other provinces since the 1970s; those in Quebec whose sole native language was English dropped from 789,000 in 1971 to 575,555 in 2006 when they accounted for 7.6% of the population. Altogether, in 2006, 744,430 (10%) used mostly English as their home language, and 918,955 (12.2%) comprised the Official Language Minority, having English as their First Official language spoken. When many anglophones relocated outside of Quebec after the introduction of the Charter in the 1970s, several English-language schools in Montreal closed their doors. These school closures may also have been brought about by restrictions on who can attend English schools, which has been another ongoing drain on the English school system. Of the Anglophones between 25 and 44 years old who left the province between 1981 and 1986, 15,000 individuals, which was half of this group, had university degrees. The province's unemployment rate rose from 8.7 per cent in 1976 to 10.4 per cent in 1977, remaining above 10 per cent for 19 of the last 23 years of the 20th century. The language barrier has also been regarded as a "soft cap" for population growth; for instance from 2013 to 2014 while Montreal gained around 43,000 immigrants from other parts of the world it lost 10,000 residents to other provinces. Many companies, most notably
Sun Life Sun Life Financial Inc. is a Canadian financial services company. It is primarily known as a life insurance company. Sun Life has a presence in investment management with over CAD$1.3 trillion in assets under management operating in a number o ...
, Royal Bank and
Bank of Montreal The Bank of Montreal (BMO; french: Banque de Montréal, link=no) is a Canadian multinational investment bank and financial services company. The bank was founded in Montreal, Quebec, in 1817 as Montreal Bank; while its head office remains in ...
(which even considered removing "Montreal" from its name), moved their major operations to Toronto as a consequence of the adoption of the Charter. This concerted fleeing of business and subsequent loss of thousands of jobs is believed to have hindered Quebec's economy and allowed Toronto to overtake Montreal as Canada's business centre. On the other hand, Toronto's advantage had been growing since the 1930s and had become apparent in the 1950s, and is also related to the greater importance of the United States, rather than Britain, in Canada's economy. This action may have simply accelerated, rather than allowed, this change of status between the two cities. Levying fines of up to per offence, Charter enforcers were widely labelled in the English media as the "language police" or "tongue troopers". While the ''
Office québécois de la langue française The (, OQLF; en, Quebec Board of the French Language) is a public organization established on 24 March 1961, by the Liberal government of Jean Lesage. Attached to the , its initial mission, defined in its report of 1 April 1964, was "to align ...
'' (OQLF) provides several warnings before resorting to legal sanctions, allegations that it has abused its powers has led to charges of racism and harassment. The OQLF took action against stores retailing imported kosher goods that did not meet its labelling requirements, an action perceived in the Jewish community as an unfair targeting that coincided with a high-profile case against the well-known
Schwartz's Schwartz's (French: ''Chez Schwartz''), also known as the Montreal Hebrew Delicatessen (French: ''Charcuterie Hébraïque de Montréal, Inc.''), is a Jewish delicatessen restaurant and take-out, located at 3895 Saint-Laurent Boulevard in Montre ...
delicatessen, the owner of which was subjected to failed legal action by the OQLF due to the apostrophe in his sign, which remains. In the mid-1980s, another delicatessen
Dunn's Dunn's Famous Deli and Steakhouse is a chain of Jewish delis serving Montreal-style smoked meat, pastrami and cheesecake founded in Montreal, Quebec, Canada, by Myer Dunn. History Dunn, who immigrated to Canada in 1911, opened his first restaurant ...
got in trouble for having the English word, "Smoked Meat" on the sign out front. The manager at the time stated that
Parti Québécois The Parti Québécois (; ; PQ) is a sovereignist and social democratic provincial political party in Quebec, Canada. The PQ advocates national sovereignty for Quebec involving independence of the province of Quebec from Canada and establishin ...
MNA
Gérald Godin Gérald Godin (November 13, 1938 – October 12, 1994) was a Quebec poet and politician. Born in Trois-Rivières, Quebec, he worked as a journalist at '' La Presse'' and other newspapers and magazines. His most important poetry collection, '' ...
himself ordered the sandwich by its name. Dunn's also fought a ruling to change the name of "Smoked Meat" to "Boeuf Mariné" in order to conform to Quebec Language Law. They won the ruling by appeal by proving that if they didn't advertise "Smoked Meat" they would confuse and anger customers. Due to the work of Myer Dunn, under the new ruling, enacted in 1987,
Smoked meat Smoked meat is the result of a method of preparing red meat, white meat, and seafood which originated in the Paleolithic Era. Smoking adds flavor, improves the appearance of meat through the Maillard reaction, and when combined with curing ...
became a word in both
Official languages of Canada The official languages of Canada are English and French, which "have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada," according to Canada's constitution. "Offi ...
. In 2002, there were reported cases of harassment of
allophone In phonology, an allophone (; from the Greek , , 'other' and , , 'voice, sound') is a set of multiple possible spoken soundsor '' phones''or signs used to pronounce a single phoneme in a particular language. For example, in English, (as in '' ...
merchants who refused to speak French. The 2004 annual report of the OQLF was criticized by a columnist of ''The Gazette'' who alleged that there was a "totalitarian mindset in the bureaucracy". The columnist complained of sections of the report which described the continued prevalence of languages other than French in two-thirds of Montreal's households as an "alarming" trend that would present a formidable challenge to
francophone French became an international language in the Middle Ages, when the power of the Kingdom of France made it the second international language, alongside Latin. This status continued to grow into the 18th century, by which time French was the l ...
s in Montreal. In reality, the report judged alarming the fact that adoption of English as a home language by allophones grew faster than the adoption of French as a home language. The use of the notwithstanding clause in the 1990s to circumvent the
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
with regards to signage also resulted in reactions from other Canadian provinces; the ''syndrome de
Sault Ste. Marie Sault Ste. Marie is a cross-border region of Canada and the United States located on St. Marys River, which drains Lake Superior into Lake Huron. Founded as a single settlement in 1668, Sault Ste. Marie was divided in 1817 by the establishment of ...
'' was a series of symbolic but divisive resolutions by some municipalities outside Quebec declaring their towns unilingually English in protest of what they saw as an infringement on the rights embodied in the charter. It is often believed that the controversy over the Charter was what influenced the ''
Meech Lake Accord The Meech Lake Accord (french: Accord du lac Meech) was a series of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and all 10 Canadian provincial premiers. It was intended to persuade the go ...
'' and ''
Charlottetown Accord The Charlottetown Accord (french: Accord de Charlottetown) was a package of proposed amendments to the Constitution of Canada, proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum on Octobe ...
'' to fail. The Supreme Court in their ruling regarding the signs case which led to the use of the notwithstanding clause, ruled that in fact any sign law was a violation of the freedom of expression right. Aside from the civil rights infringement, the Charter has faced legal challenges because the restricted education opportunities have hindered not only unilingual but bilingual anglophones' employment. Although the Charter made French the official language of government and civil administration, the same cannot be said of the private sector. Despite over 40 years of the Charter, it has never been applied as rigorously as intended because to do so would violate civil liberties. English is still often made a requirement by employers in Montreal, including many French-Canadian owned ones, and, to a lesser extent, in Gatineau and Quebec City, with the workforce in Montreal remaining largely bilingual. On November 14, 1988, the political and human rights
watchdog Watchdog or watch dog may refer to: Animals *Guard dog, a dog that barks to alert its owners of an intruder's presence * Portuguese Watch Dog, Cão de Castro Laboreiro, a dog breed * Moscow Watchdog, a breed of dog that was bred in the Soviet U ...
organization
Freedom House Freedom House is a non-profit, majority U.S. government funded organization in Washington, D.C., that conducts research and advocacy on democracy, political freedom, and human rights. Freedom House was founded in October 1941, and Wendell Will ...
published "The Doctrine of 'Preponderance of Blood' in South Africa, the Soviet Union and Quebec" in its journal ''Exchange''. Introduced by
Zbigniew Brzezinski Zbigniew Kazimierz Brzeziński ( , ; March 28, 1928 – May 26, 2017), or Zbig, was a Polish-American diplomat and political scientist. He served as a counselor to President Lyndon B. Johnson from 1966 to 1968 and was President Jimmy Carter's ...
(an anglophone who had once lived in Montreal) former U.S. President Jimmy Carter's National Security adviser, the essay compared the language of instruction provisions of the charter with South African apartheid statutes and jurisprudence. However, the Supreme Court of Canada disagreed with the discrimination-based-on-ancestry argument under the ''Quebec Charter of Human Rights and Freedoms'' in ''
Gosselin (Tutor of) v. Quebec (Attorney General) ''Gosselin (Tutor of) v Quebec (AG)'', 2005 SCC 15, 0051 SCR 238 is a leading case of the Supreme Court of Canada on the constitutional protection of minority language rights under section 23 of the ''Canadian Charter of Rights and Freedoms''. T ...
'', believing that it conflicted with section 23 of the ''
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
''. The criteria used by Quebec to determine if parents are entitled to have their children instructed in English are the same as those found under section 23 of the ''Canadian Charter of Rights and Freedoms''.


Influence abroad

The 2001 report of the
Estates-General on the Situation and Future of the French Language in Quebec The Estates-General on the Situation and Future of the French Language in Quebec is the name of a commission set up by the government of Quebec on June 29, 2000. The mandate which the government gave to the commission: "to identify and analyze the ...
identified the negative perception of Quebec's language policy in the rest of Canada and the United States as a problem to solve. It stated:
In Canada and abroad, the linguistic policy of Quebec is too often negatively perceived. The business community and the media, in particular, know it very little. For their part, the Americans remain opposed to legislation that appears to them to reduce individual liberties and limit the use of English. For them, language and culture are two separate elements, they do not see how the protection of Quebec culture also includes the protection of the French language, even though 35 American States have adopted declarations proclaiming English the official language. Thus, must be developed the perception that Quebec culture is a part of the North-American heritage and that it is necessary to preserve it. It is also important to correct the erroneous perceptions regarding the Quebec language policy and its application.
Recommendation 147 of the report suggested the creation of an institutional television and radio campaign targeting both Quebec citizens and certain groups abroad to inform on the facts of the situation of French in North America and the language policy of Quebec. Recommendation 148 suggested the creation of a watchdog to correct the errors made "both in good faith and bad faith" in the media. As part of the effort to correct the errors of perception, the OQLF conducted an inquiry on the influence of Quebec's language policy abroad in countries where the fragility of certain languages prompted the use of legislative measures. It requested and published the opinions of various experts from Spain,
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
, the United States,
Estonia Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, and ...
,
Latvia Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic region of ...
and
Lithuania Lithuania (; lt, Lietuva ), officially the Republic of Lithuania ( lt, Lietuvos Respublika, links=no ), is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea. Lithuania ...
,
Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in 2 ...
, Australia and
Flanders Flanders (, ; Dutch: ''Vlaanderen'' ) is the Flemish-speaking northern portion of Belgium and one of the communities, regions and language areas of Belgium. However, there are several overlapping definitions, including ones related to culture ...
in a special issue of the OQLF's ''Revue d'aménagement linguistique'' celebrating the 25th anniversary of Quebec's Charter of the French language in 2002. Jonas Žilinskas, a lecturer at University of Šiauliai, in Lithuania described the state of the Lithuanian language after a prolonged Russian rule over his country:
One proclaimed a policy of bilingualism which was expressed only by the obligation made to Lithuanians to learn Russian while Russians did not bother to learn Lithuanian. If the written Lithuanian language were more or less protected by writers through newspapers and publishers, the spoken Lithuanian language was degraded. Often, in the institutions, it was only a language of oral communication, the greatest part of technical documentation and correspondence being written in Russian.Jonas Žilinskas.
Le problème du bilinguisme en Lituanie aujourd'hui
", in ''Revue d'aménagement linguistique'', 2002
translation
This "false bilingualism" was followed by the
Sąjūdis Sąjūdis (, "Movement"), initially known as the Reform Movement of Lithuania ( lt, Lietuvos Persitvarkymo Sąjūdis), is the political organisation which led the struggle for Lithuanian independence in the late 1980s and early 1990s. It was es ...
movement during which the people of Lithuania declared their language the sole official language and began working on a language policy modeled on the experience of Quebec. Mart Rannut, vice-dean of research at the Department of Philology of the
University of Tallinn Tallinn University (TLU; et, Tallinna Ülikool, ''TLÜ'') is a public research university in Estonia. Located in the centre of Tallinn, the capital city of Estonia, Tallinn University is one of the three largest institutions of higher education ...
, in Estonia, recalled the influence of Quebec's expertise in the field of linguistic human rights and language planning which helped countries that have gained independence from the former
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
and concluded that "Bill 101 indirectly touched one-sixth of the planet". Ina Druviete, at the time dean of the department of sociolinguistics at the Linguistic Institute of Latvia, noted the similarities between the language policies in all three
Baltic states The Baltic states, et, Balti riigid or the Baltic countries is a geopolitical term, which currently is used to group three countries: Estonia, Latvia, and Lithuania. All three countries are members of NATO, the European Union, the Eurozone, ...
and that of Quebec. All policies aiming "to prevent language shifts and to modify the hierarchy of languages in the public life. The principal sectors of intervention were the language used in the government agencies and the administration, in meetings and office spaces in particular, in corporate names, information and education. The principle of territorial linguistic rights was instituted." In Wales, the language policy of Quebec had a great influence, but could not be implemented as it was in the Baltic States because Welsh speakers do not form a majority in this constituent country of the United Kingdom. According to Colin H. Williams, professor and researcher at the Welsh Department of
Cardiff University , latin_name = , image_name = Shield of the University of Cardiff.svg , image_size = 150px , caption = Coat of arms of Cardiff University , motto = cy, Gwirionedd, Undod a Chytgord , mottoeng = Truth, Unity and Concord , established = ...
particular lessons followed in Wales which stem from the experience of Quebec are: * The acquisition of detailed census data and explanatory facts aiming at clarifying the public discussion * The linguistic legislation (official language status, right to speak Welsh before the court,
Welsh Language Board The Welsh Language Board ( cy, Bwrdd yr Iaith Gymraeg) was a statutory body set up by Her Majesty's Government under the Welsh Language Act 1993. It was an Assembly Sponsored Public Body. It began its life under John Walter Jones, and its last ...
responsible to administer the law) * The iconography of the linguistic landscape * The progress in the teaching of the Welsh language In Israel, while the "penetration of English in the sociolinguistic organization of the country" is perceived, according to Bernard Spolsky, professor emeritus of English at the
Bar-Ilan University Bar-Ilan University (BIU, he, אוניברסיטת בר-אילן, ''Universitat Bar-Ilan'') is a public research university in the Tel Aviv District city of Ramat Gan, Israel. Established in 1955, Bar Ilan is Israel's second-largest academic i ...
, as a threat to Hebrew, the language policy has thus far only influenced linguists and some politicians. He writes:
Periodically, Israeli politicians present bills to proclaim Hebrew the sole official language of the country. Presently, Hebrew shares this title with Arabic only, because a measure was taken soon after the foundation of the State, in 1948, to modify the British policy, which imposed three languages, and gave up English. The last attempt at giving a judicial protection to Hebrew goes back to December 2000: two bills were then rejected.
In Catalonia, according to Miquel Reniu i Tresserras, president of the ''Comissió de Lectorats'' and former chief executive officer of the Catalan language policy, Quebec's legislation has constituted a "reference model" and the OQLF and the equivalent body in Catalonia are in close collaboration.Miquel Reniu i Tresserras.
Le Québec et la Catalogne
", in ''Revue d'aménagement linguistique'', 2002
translation


See also

* Language demographics of Quebec *
Language policy Language policy is an interdisciplinary academic field. Some scholars such as Joshua Fishman and Ofelia García consider it as part of sociolinguistics. On the other hand, other scholars such as Bernard SpolskyRobert B. Kaplanand Joseph Lo Bianc ...
*
Minority language A minority language is a language spoken by a minority of the population of a territory. Such people are termed linguistic minorities or language minorities. With a total number of 196 sovereign states recognized internationally (as of 2019) and ...
*
French language French ( or ) is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the Latin spoken in Gaul, and more specifically in No ...
*
English-speaking Quebecer English-speaking Quebecers, also known as Anglo-Quebecers, English Quebecers, or Anglophone Quebecers (all alternately spelt Quebeckers; in French ''Anglo-Québécois'', ''Québécois Anglophone'') or simply Anglos in a Quebec context, are a l ...
s * Children of Bill 101 *
Official bilingualism in Canada The official languages of Canada are English and French, which "have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada," according to Canada's constitution. "Official ...
* Toubon Law * ''
Ford v. Quebec ''Ford v Quebec (AG)'', 9882 SCR 712 is a landmark Supreme Court of Canada decision in which the Court struck down part of the '' Charter of the French Language'', commonly known as " Bill 101". This law had restricted the use of commercial signs ...
'' * '' Devine v. Quebec''


Notes


References

;Law and regulations
''Charter of the French Language''
- Updated to 1 March 2018

''Éditeur officiel du Québec'', (online through the Canadian Legal Information Institute, updated on March 14, 2008)

(U.K.), 30 & 31 Victoria, c. 3. (online through the Canadian Legal Information Institute, updated December 10, 2002)

being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11 (online through the Canadian Legal Information Institute, updated December 10, 2002) ;Reports * ''L'Office québécois de la langue française''. (1997–2007
All reports of the OQLF and CSL from 1997 to 2007
(in French) * ''Commission d'enquête sur la situation de la langue française et sur les droits linguistiques au Québec'' (1973). ''The Position of the French language in Québec: Report of the Commission of Inquiry on the Position of the French Language and on Language Rights in Québec'', Québec: ''Editeur officiel du Québec'' ;Memoranda * Chevrier, Marc (February 1997)
''Laws and languages in Québec: the principles and means of Québec's language policy''
, Québec: ''Ministère des relations internationales'', 31 pages * Clark, Ramsey (June 14, 1993
''A legal opinion on international law, language and the future of French-speaking Canada''
a legal opinion for the ''Mouvement Québec Français'', New York, 24 p. * Baum, Gregory (1991).
Ethical Reflections on Bill 101
, in ''The Church in Quebec'', p. 134–157 * Kondaks, Tony. (November 14, 1988
“The Doctrine of ‘Preponderance of Blood’ in South Africa, the Soviet Union and Quebec”
Freedom House Freedom House is a non-profit, majority U.S. government funded organization in Washington, D.C., that conducts research and advocacy on democracy, political freedom, and human rights. Freedom House was founded in October 1941, and Wendell Will ...
, ''Exchange'' ;Works * John R. Edwards ed., (1998). ''Language in Canada'', Cambridge University Press, 504 pages
online excerpt
* Richard Y. Bourhis ed., (1984). ''Conflict and language planning in Quebec'', Clevedon, Avon, England: Multilingual Matters, 304 p.
online excerpt


External links



(English section)
Educaloi – La Loi vos droits – Citizens – Charter of the French Language
{{DEFAULTSORT:Charter Of The French Language 1977 in Canadian law Quebec language policy Quebec provincial legislation Language legislation French language in Quebec 1977 in Quebec