Quebec Supreme Court suspends French language law
Bill 96 suffered its first defeat.
On August 12, the Supreme Court of Quebec suspended two provisions of Bill 96 requiring the translation of English court documents into French. The plaintiffs in the case were five Quebec lawyers. They claimed that sections 9 and 208.6 of the bill were unconstitutional:
"These provisions require that any legal person wishing to file a pleading drafted in English before a Québec court must attach to the pleading a certified French translation prepared by a certified translator, the whole at the cost of the legal person,” the plaintiffs noted. “If a pleading drafted in English is not accompanied by such a translation, it is prohibited from being filed with the court."
Judge Chantal Corriveau reviewed the lawsuit and agreed:
"The evidence demonstrates a serious risk that, in these cases, certain legal persons will not be able to assert their rights before the courts in a timely manner, or will be forced to do so in a language other than the official language which they and their lawyers master the best and which they identify as their own."
The court ruled that sections of the bill that require companies to pay a certified translator to create French versions of legal documents could prevent some English-speaking organizations from accessing justice.
In a written decision issued Friday, Corriveau said the rule could lead to delays and costs that could especially hurt small and medium-sized businesses.
The judge ordered two articles to be suspended until the case could be heard in more detail in November.
