R V Mercure
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''R v Mercure'' was a ruling by the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
in 1988, dealing with language rights in the province of
Saskatchewan Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on t ...
.''R v Mercure'',
988 Year 988 ( CMLXXXVIII) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Fall – Emperor Basil II, supported by a contingent of 6,000 Varangians ...
1 SCR 234.
The
appellant In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
demanded the right to a statutory provision in
Saskatchewan Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on t ...
governing a speeding ticket be expressed in
French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...
as well as the right to have a trial conducted in French.
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
and French are both considered official languages in
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
. Lower courts had denied him this right, so he sought appeal to the Supreme Court of Canada. However, the appellant died before the Supreme Court could hear his appeal. The Court exercised its discretion to hear the appeal notwithstanding its mootness because the case not only raised an important legal issue but satisfied the other criteria for the hearing of a moot appeal, including the continued existence of a proper adversarial context. The Supreme Court ruled that language rights enjoyed an almost constitutional status and could only be repealed by a 'clear legislative pronouncement'. The
Legislative Assembly of Saskatchewan The Legislative Assembly of Saskatchewan is the legislative chamber of the Saskatchewan Legislature in the province of Saskatchewan, Canada. Bills passed by the assembly are given royal assent by the Lieutenant Governor of Saskatchewan, in the na ...
subsequently repealed official
bilingualism Multilingualism is the use of more than one language, either by an individual speaker or by a group of speakers. It is believed that multilingual speakers outnumber monolingual speakers in the world's population. More than half of all E ...
.


References


External links


text of decision
(in English).

(in French) {{DEFAULTSORT:Mercure Supreme Court of Canada cases 1988 in Canadian case law Language case law Bilingualism in Canada Saskatchewan law