French Language Charter

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The Charter of the French Language (French: Charte de la langue française ), also known as Law 101 ( Loi 101 ), is a law of the Canadian province of Québec that defines French as the only official language of the province. It was proposed by Camille Laurin , minister of culture in the first government of the separatist Parti Québécois under Prime Minister René Lévesque , and adopted by the Québec National Assembly . On April 26, 1977, Lieutenant Governor Hugues Lapointe gave it royal approval and thus became legally binding. The provisions of the Charter were incorporated into the Official Language Act drafted in 1974 by Robert Bourassa's government of the Parti libéral du Québec . Before 1974, Québec was officially bilingual (French and English ).

purpose

The preamble to the charter states that French is the official language of Québec and its government and jurisdiction, as well as the "common and everyday language of work, learning, communication, trade and business". It also states that the National Assembly should implement this goal “in a spirit of fairness and openness”, while respecting “the institutions of the English-speaking community of Québec” and recognizing “the valuable contribution of ethnic minorities to the development of Québec”. In addition, she notes that the National Assembly recognizes the rights of the Premières Nations of Québec "to preserve and develop their original language and culture".

Provisions

Section I defines the status of French in legislation, the courts, state administration, semi-public authorities, in employment, in trade and economy, and in education. He also declares the use of French to be a fundamental right for every person in Québec:

  1. The right of everyone to communicate in French with government agencies, professional associations, workers' organizations, and companies operating in Québec.
  2. The right of everyone to speak French in consultative meetings.
  3. The right of workers to use French in their work.
  4. The right of consumers to be informed and served in French.
  5. The right to take French lessons in Québec.

Section II deals with the linguistic measures, the toponyms and the "Frenchization" of authorities and state-owned companies.

Section III creates a French language authority ( Office québécois de la langue française ) and defines its objectives, powers and organization.

Section IV creates the Supreme Council of the French Language ( Conseil supérieur de la langue française ) to advise the authorities on the implementation of the law.

Sections V and VI set out criminal law provisions, sanctions and transitional provisions.

Minority rights

In drafting the charter, Québec lawmakers were careful to guarantee the rights of linguistic minorities, whether Anglophone or indigenous, as guaranteed by the Canadian Constitution or granted in previous laws. In accordance with the Constitution, the Charter contains several guarantees regarding the use of languages ​​other than French. For example, the law states

  • that the laws are published in an English version in addition to the French, both texts are officially recognized;
  • that people in court may be heard in English;
  • that the judgments given by the courts are in the official language and, if one of the parties to the dispute so requests, in English;
  • that the charter of the French language does not apply in the Indian reservations.

consequences

In 1984 the Québec Supreme Court invalidated those provisions of the charter which only allowed the French language for commercial lettering, as it violated the Canadian Charter of Rights and Freedoms . The verdict was upheld by the Canadian Supreme Court in 1988 . Robert Bourassa's government was then forced to draft Law 178, which amends the Charter of the French Language. This law contains a clause that both languages ​​can be used on commercial lettering, but that French must be used much more clearly. The courts later passed further rulings on the application of the Charter on the Internet . For example, the Charter also applies to the commercial websites of companies that operate or sell goods in Québec.

The requirement that English-language schools be restricted to children whose parents were also educated in Québec led to additional lawsuits. The opposition can mostly be seen among the allophones, i.e. immigrants whose mother tongue is neither French nor English and who would rather integrate into the English-speaking community than adapt to the French-speaking majority. A small minority of French-speaking Quebecers who view English as an economic necessity also oppose the law, as their children are not allowed to attend classes in English and this is a form of discrimination against the French-speaking population.

The charter of the French language is approved by the majority of Francophones , but not by many Anglophones and allophones. Enforcement officials, dubbed "language police" by the English-speaking media, have the option of fines of up to $ 7,000 for violations against those who violate the law. Opponents of the charter claim that the language law has induced up to 244,000 people to leave Québec and move to other provinces since the 1970s. Numerous companies, including the Royal Bank of Canada , the Bank of Montreal and The Sun Insurance Company of Montreal , moved their headquarters to Toronto because their main business language is English. On the other hand, just as many companies moved their headquarters from Toronto to Montréal at the same time, but this attracted less public attention.

Despite all the criticism, political opposition to the Charter and previous language laws has remained low, as a large majority of Francophone Quebecers support these laws. Both the Parti Québécois and the Parti libéral du Québec therefore saw no need to substantially change or even abolish the law. After Bourassa's government had passed the law, the critics in the 1976 provincial elections turned to the previously ruling Union nationale , which, despite the increased support in the meantime, lost the elections and then disappeared into oblivion.

Web links

See also

Individual evidence

  1. ↑ Behiels, Hudon and Millette, Loi 101 (Charte de la langue française) at: encyclopediecanadienne.ca (2015), accessed on September 1, 2016 (French, English ).
  2. ↑ Ford v. Quebec (Attorney General), 1988 CanLII 19 (SCC)
  3. ↑ Hudon, Loi 178 at: encyclopediecanadienne.ca (2006), accessed on September 1, 2016 (French, English ).
  4. ↑ Allison Hanes, English in hot demand. More and more francophone parents buck school restrictions Montreal Gazette (March 11, 2002), p. A1, at: vigile.quebec, accessed September 1, 2016 (English).
  5. ↑ Reisler, Five years after Bill 101 in: CBC Digital Archives (1982), accessed on September 1, 2016 (English).
  6. ↑ Oxley, Sun Life packs up in wake of Bill 101 to: CBC Digital Archives (1978), accessed September 1, 2016 (English).