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The adoption of Bill 96 to revise the Charter in French was one thing. Its application in the daily life of citizens, education, municipal and business sectors is different. CAQ gave itself enough time to implement.
Date of publication:
June 27, 2022 • 8 hours ago • 5 minutes reading • 145 comments Quebec Minister of Justice and French Minister Simon Jolin-Barrett holds a book containing the Canadian Constitution of 1867 during a press conference, Wednesday, June 8, 2022 in the legislature in Quebec City. Photo by Jacques Boissino / Canadian Press
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QUEBEC – It may come as a surprise, given the heated debate over the legislation, but some of the biggest changes included in Bill 96 to revise the Charter of the French Language will not be implemented overnight.
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Adopted on May 23 in recent weeks by Quebec’s 42nd legislature, the bill contains 200 clauses – major and minor – that the government says increase the use of French in all areas of life in Quebec: from the courts and the education system to municipalities and even births and deaths.
The final version of the bill with its dozens of amendments is not yet available. Government officials say lawyers and bureaucrats are still reviewing the legislation and will publish the final version “soon”.
It is less known when the various elements of the law will be implemented. A timetable provided to Montreal Gazette by the French ministry outlines the way forward.
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The first immediate change since its enactment to the legislature included a preamble to the bill and the Canadian constitution.
Bill 96 introduces two new articles into the Constitution that recognize Quebec’s distinctive character. Article 90Q.1 states that the people of Quebec form a nation, while 90Q.2 states: “French will be the only official language of Quebec. It is also the common language of the nation in Quebec. “
Describing the insertion of the articles as more than symbolic, the minister responsible for the bill, Simon Jolin-Barrett, proudly showed a copy of the amendments included in the 1867 Constitution Act in May. He said the additions give official status to Quebec’s collective rights and the stability of the French language.
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Analysts, on the other hand, note that the courts have not had the opportunity to test the meaning or legal weight of the clauses. They also do not change the fact that Quebec never signed the 1982 Constitution.
Another immediate effect of the bill was that Jolin-Barrett received a new title in the cabinet, moving from a minister in charge of the French language to a minister of the French language.
The work includes the creation of a full-fledged ministry complete with deputy ministers, a budget of $ 27.4 million for 2022-2023 and a staff of 70. Proud of what he has achieved, Jolin-Barrett turned to the prestigious French Academy in Paris last Thursday, where he outlined what Quebec has achieved to support the French language.
Finally, immediately applicable to the passage of the bill is the clause that subordinates federally regulated corporations such as the Post Office of Canada and banks with 50 employees and to the rules of the charter to guarantee workers the right to work in French.
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The government has not specified how this will work. Meanwhile, the federal government’s own revision of the Official Language Act has a similar purpose.
Other changes in Quebec came a year later. From June 2023, Quebec’s new one-stop French language agency, Francisation Québec, is due to start and run, as well as new free French language courses for any Quebec who wants to improve their language skills.
Originally an idea of Jacques-Cartier Liberal MNA Greg Kelly, Jolin-Barrette put it into action in Bill 96.
June 2023 is also the date on which French will be used exclusively as a language of communication by the government. However, Bill 96 includes a set of exceptions where English can still be used.
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In the school year 2023-2024, the government will begin to apply the restriction on the registration of Bill 96 on francophones and allophones to the English CEGEP. Francophones and allophones in the English system will have to pass a test of proficiency in French in order to graduate, the same exam that is taken by students in Francophone CEGEP.
It was not until the academic year 2024-2025 that the requirement for English students at CEGEP to take three French courses or three more French courses as a second language in order to obtain their diploma for diploma (DEC) began.
Again, there are many questions about how this will be applied, how it can affect students’ grades and how it can affect the jobs of hundreds of teachers. CEGEP leaders say they plan to lobby for more time to implement the new plan.
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From June 2024, the requirement for translation into French for court documents filed by corporations also begins. Meanwhile, this clause faces a legal challenge.
The group with the longest time to adapt is business. They have until June 2025 to change their trademarks to ensure the “net predominance” of the French language. The rules will cost the business package.
In addition, it is not until June 2025 that smaller companies with 25 to 49 employees have to comply with the rules for franking the charter, which ensure that jobs comply with Bill 96.
Given the long lead to the full implementation of the bill, what are the chances that it will be changed along the way? It depends on who will form the next government in the general election this fall.
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If, as expected, CAQ wins a majority, don’t expect anything through change. After all, this is the law of CAQ.
If the Liberals form the government, they have promised to change the bill, but not to repeal it. They will abolish the six-month rule for immigrants to receive services in their first language, a registration ceiling and return the freedom of choice to access CEGEP.
If Quebec’s solidarity forms the government, it also pledges to drop the immigration clause, but to leave much of the law the same. QS is the only other party to vote in favor of Bill 96.
If the Québécois party forms the next government, expect it to repeal the bill and present a much stricter one.
Quebec’s Conservative Party, which voted against Bill 96 and is second only to non-Francophone voters after the Liberals, says it will refuse to use the Constitution’s independence clause, which protects the law from legal challenges.
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The party wants the law to be subject to the rules of the Quebec and Canadian charters of rights and freedoms, and for citizens to be able to challenge the law before the judiciary.
The two new parties have focused, among other things, on minority rights, with the Canadian Party of Quebec and the Montreal Bloc promising to repeal the bill in the unlikely event of forming a government.
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pauthier@postmedia.com
twitter.com/philipauthier
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