Judge asked to suspend portions of Quebec language law by 23 bilingual municipalities
A group of 23 bilingual municipalities requested that a Quebec Superior Court judge suspend various parts of the province’s 2022 language reform, citing potential serious and irreparable harm.
Lawyer Julius Grey argued in the Montreal courtroom that the law’s implementation could have significant consequences for cities with bilingual status, as it prohibits non-officially bilingual municipalities from communicating in English.
On the other hand, a government lawyer dismissed Grey’s arguments, stating they lack legal or factual basis.
Grey raised concerns that the law could restrict English language contracts, allow the government to withhold subsidies, and grant extensive search and seizure powers to the language watchdog that surpass those of the police.
He highlighted the broad authority granted to the Office québécois de la langue française, allowing them to seize various materials, including sensitive information like employees’ personal data and legal advice protected under attorney-client privilege.
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Grey requested the suspension of certain provisions until a full hearing on the law’s validity, noting that the government used the notwithstanding clause to protect it from certain legal challenges.
He emphasized that the affected municipalities have significant English-speaking populations, making it challenging for them to finalize contracts or employ unilingual anglophone staff under the law.
Grey expressed concern that the law could lead to “serious prejudice” against these cities.
On the other hand, the Quebec government’s lawyer, Charles Gravel, argued in court that there’s no evidence of harm caused by the law. He stated that the municipalities haven’t shown any instances of seizures or subsidy cuts, and mere concerns shouldn’t be enough to suspend the law without concrete proof of harm.
Gravel also pointed out that many of the municipalities’ worries, such as constraints on employing unilingual English staff, are unfounded and not supported by the law’s text.
He further asserted that municipalities were established by provincial legislation and, as such, do not have jurisdiction over administrative matters like contracts. According to him, municipalities were not created to protect language, making their challenge to language laws questionable.
Grey countered Gravel’s arguments by stating that municipalities do not need to demonstrate existing harm from the law, only that there is a genuine risk of harm.
The 23 municipalities include various Montreal suburbs and smaller communities near the borders with the United States, New Brunswick, or Ontario.
Steve Erdelyi, a city councilor from Côte-St-Luc, mentioned that his municipality heavily relies on federal grants, which could be jeopardized if the law is enforced.
He expressed concerns about increased inspections by the language watchdog targeting local businesses, emphasizing the need to challenge these actions legally.
Bonne-Espérance’s mayor highlighted confusion caused by the law’s requirement for contracts to be in French, especially in a town where English is the preferred language for 99% of the population.
