40:
410:
416:
343:
both languages is described as "Acts" and texts do not become "Acts" without enactment. Statutes can only be known by being printed and published in connection with their enactment so that Bills can be transformed into Acts. Moreover, it would be strange to have a requirement, as in s. 133, that both
English and French "shall be used in the ... Records and Journals of the and not to have this requirement extend to the enactment of legislation.
268:
Either the
English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may
352:
Upon receiving the judgment the government of Quebec applied for a rehearing in order to get clarification on whether there were any exemptions from section 133. The policy purpose of the application was to allow the provincial government to restrict the scope of
English-language services as much as
329:
12. Procedural documents issued by bodies discharg ing judicial or quasi-judicial functions or drawn up and sent by the advocates practising before them shall be drawn up in the official language. Such documents may, however, be drawn up in another language if the natural person for whose intention
342:
It was urged before this Court that there is no requirement of enactment in both languages, as contrasted with printing and publishing. However, if full weight is given to every word of s. 133 it becomes apparent that this requirement is implicit. What is required to be printed and published in
269:
be used by any Person or in any
Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec. The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages.
325:
11. Artificial persons addressing themselves to the courts and to bodies discharging judicial or quasi-judicial functions shall do so in the official language, and shall use the official language in pleading before them unless all the parties to the action agree to their pleading in
English.
333:
13. The judgments rendered in Quebec by the courts and by bodies discharging judicial or quasi-judicial functions must be drawn up in French or be accompanied with a duly authenticated French version. Only the French version of the judgment is
359:(1981), clarifying that municipal governments, which are creatures of the provincial government, are nonetheless not constitutionally obliged to conduct their proceedings or to produce bylaws in both languages.
355:
273:
The Court found that these requirements apply to all legislation and regulations. On this basis, it found the restrictions placed upon
English in Chapter III of Title I of the
17:
316:
8. Legislative bills shall be drafted in the official language. They shall also be tabled in the
Assemblée nationale, passed and assented to in that language.
368:
218:
296:
2. All subordinate legislation, including regulations, are regarded as being “laws”, and thus the versions in both languages have official status;
238:
293:
1. Both the
English and French versions of a law have official status, or else the law cannot be said to have been “enacted” in both language;
478:
459:
322:
10. An
English version of every legislative bill, statute and regulation shall be printed and published by the civil administration.
257:(better-known at the time as "Bill 101"), which required that provincial laws be enacted in French only, violated section 133 of the
338:
The Court provided the following explanation for finding the restrictions on
English in these provisions to be unconstitutional:
483:
373:
299:
3. The rights of all persons to use either official language in court applies to artificial persons such as corporations;
488:
302:
4. “Courts of Quebec” was interpreted to include administrative tribunals and panels, in addition to ordinary courts.
493:
284:
253:
452:
394:
91:
498:
131:
95:
433:
390:
445:
202:
386:
242:
45:
353:
possible, without violating section 133. Two years later the Court handed down its decision in
247:
122:
182:
154:
issued by the Quebec government as authorized by an Act, and courts established by Quebec.
8:
290:
The interpretation given by the Court to language rights was expansive in four respects:
77:
39:
143:
135:
309:, entitled "The Language of the Legislature and of the Courts", reads as follows:
174:
147:
139:
127:
429:
178:
472:
194:
186:
66:
425:
409:
279:
198:
167:
151:
313:
7. French is the language of the legislature and the courts in Quebec.
226:
Chouinard J. took no part in the consideration or decision of the case.
190:
71:
The Attorney General of the Province of Quebec v Henri Wilfrid Laurier
319:
9. Only the French text of the statutes and regulations is official.
369:
List of Supreme Court of Canada cases (Laskin Court)
65:The Attorney General of the Province of Quebec v
470:
251:. The Court held that the sections of Quebec's
453:
18:Attorney General of Quebec v. Blaikie (No. 1)
356:Quebec (Attorney General) v. Blaikie (No. 2)
330:they are issued expressly consents thereto.
460:
446:
14:
471:
142:and all court proceeding be in either
374:Reference Re Manitoba Language Rights
403:
69:, Roland Durand and Yoine Goldstein;
24:
25:
510:
379:
479:Canadian constitutional case law
414:
408:
38:
307:Charter of the French Language
305:Chapter III of Title I of the
285:Legislative Assembly of Quebec
275:Charter of the French Language
264:Section 133 reads as follows:
254:Charter of the French Language
13:
1:
484:Supreme Court of Canada cases
432:. You can help Knowledge by
347:
234:Quebec (AG) v Blaikie (No 1)
33:Quebec (AG) v Blaikie (No 1)
27:Supreme Court of Canada case
7:
362:
56:Judgment: December 13, 1979
10:
515:
402:
245:on language rights in the
96:Court of Appeal for Quebec
92:Attorney General of Quebec
489:1979 in Canadian case law
225:
213:
208:
163:
158:
150:. This section includes
118:British North America Act
115:
110:
102:
86:
76:
60:
53:
37:
32:
387:Supreme Court of Canada
243:Supreme Court of Canada
54:Hearing: June 11, 1979
46:Supreme Court of Canada
494:Quebec language policy
345:
336:
271:
259:Constitution Act, 1867
248:Constitution Act, 1867
237:, 2 S.C.R. 1016 is a
123:Constitution Act, 1867
340:
311:
266:
183:Louis-Philippe Pigeon
90:Judgment against the
214:Unanimous reasons by
126:) requires that all
424:This article about
116:Section 133 of the
499:Canadian law stubs
132:Quebec legislature
120:(now known as the
441:
440:
230:
229:
16:(Redirected from
506:
462:
455:
448:
420:
419:
418:
417:
412:
404:
239:leading decision
203:William McIntyre
172:Puisne Justices:
159:Court membership
106:Appeal dismissed
67:Peter M. Blaikie
42:
30:
29:
21:
514:
513:
509:
508:
507:
505:
504:
503:
469:
468:
467:
466:
415:
413:
407:
400:
382:
365:
350:
175:Ronald Martland
170:
70:
55:
49:
28:
23:
22:
15:
12:
11:
5:
512:
502:
501:
496:
491:
486:
481:
465:
464:
457:
450:
442:
439:
438:
421:
398:
397:
381:
380:External links
378:
377:
376:
371:
364:
361:
349:
346:
228:
227:
223:
222:
215:
211:
210:
206:
205:
179:Roland Ritchie
165:Chief Justice:
161:
160:
156:
155:
134:be printed in
113:
112:
108:
107:
104:
100:
99:
88:
84:
83:
80:
74:
73:
62:
61:Full case name
58:
57:
51:
50:
43:
35:
34:
26:
9:
6:
4:
3:
2:
511:
500:
497:
495:
492:
490:
487:
485:
482:
480:
477:
476:
474:
463:
458:
456:
451:
449:
444:
443:
437:
435:
431:
427:
422:
411:
406:
405:
401:
396:
392:
388:
385:Full text of
384:
383:
375:
372:
370:
367:
366:
360:
358:
357:
344:
339:
335:
331:
327:
323:
320:
317:
314:
310:
308:
303:
300:
297:
294:
291:
288:
286:
282:
281:
276:
270:
265:
262:
260:
256:
255:
250:
249:
244:
240:
236:
235:
224:
221:
220:
216:
212:
209:Reasons given
207:
204:
200:
196:
195:Willard Estey
192:
188:
187:Brian Dickson
184:
180:
176:
173:
169:
166:
162:
157:
153:
149:
145:
141:
137:
133:
129:
125:
124:
119:
114:
109:
105:
101:
97:
93:
89:
87:Prior history
85:
82:2 S.C.R. 1016
81:
79:
75:
72:
68:
63:
59:
52:
48:
47:
41:
36:
31:
19:
434:expanding it
426:Canadian law
423:
399:
389:decision at
354:
351:
341:
337:
332:
328:
324:
321:
318:
315:
312:
306:
304:
301:
298:
295:
292:
289:
278:
274:
272:
267:
263:
258:
252:
246:
233:
232:
231:
217:
171:
164:
121:
117:
64:
44:
280:ultra vires
199:Yves Pratte
168:Bora Laskin
152:regulations
473:Categories
393: and
191:Jean Beetz
348:Aftermath
334:official.
219:The Court
78:Citations
363:See also
241:of the
144:English
136:English
130:by the
111:Holding
94:in the
395:CanLII
277:to be
148:French
140:French
103:Ruling
428:is a
391:LexUM
430:stub
283:the
138:and
128:Acts
146:or
475::
287:.
261:.
201:,
197:,
193:,
189:,
185:,
181:,
177:,
461:e
454:t
447:v
436:.
98:.
20:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.