Devine v. Quebec (Attorney General)
Encyclopedia
Devine v. Quebec, [1988] 2 S.C.R. 790 is a leading Supreme Court of Canada
decision on the constitutional protection of minority language
rights.
for having an English sign.
Singer and several others brought an action to strike down provisions of the French Language Charter and the Regulation respecting the language of commerce and business, which required commercial signs to be in French only, as being laws that were ultra vires
the province, and in violation of his freedom of expression under section 2(b) of the Canadian Charter and section 3 of the Quebec Charter, right to equality under 15(1) of the Canadian Charter, and his right against discrimination under section 10 of the Quebec Charter.
The Court rejected Singer's argument that the law restricted mobility as protected under the Charter. The law only established conditions for doing business but did not restrict anyone's comings or goings.
On the federalism issue, the Court rejected Singer's argument that the law constituted Criminal law under the Constitution Act, 1867
. Though there was a prohibition and a penalty, the Act as a whole it constituted a regulatory scheme directed as the linguistic mode of certain commercial activities, and did not resemble any traditional criminal matters based on morality or public order.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the constitutional protection of minority language
Minority language
A minority language is a language spoken by a minority of the population of a territory. Such people are termed linguistic minorities or language minorities.-International politics:...
rights.
Background
Allan Singer was a Montreal printer who mostly served anglophone clientele. For over 30 years, his store front had a sign advertising his store that was written in English only. He was charged under the Charter of the French LanguageCharter of the French Language
The Charter of the French Language , also known as Bill 101 and Loi 101, is a law in the province of Quebec in Canada defining French, the language of the majority of the population, as the only official language of Quebec, and framing fundamental language rights for everyone in the province...
for having an English sign.
Singer and several others brought an action to strike down provisions of the French Language Charter and the Regulation respecting the language of commerce and business, which required commercial signs to be in French only, as being laws that were ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
the province, and in violation of his freedom of expression under section 2(b) of the Canadian Charter and section 3 of the Quebec Charter, right to equality under 15(1) of the Canadian Charter, and his right against discrimination under section 10 of the Quebec Charter.
Issues
The issues before the Supreme Court were:- whether the Language Charter was valid provincial law
- whether the provisions prohibiting English signs violated the right to freedom of expression under section 2(b)Section Two of the Canadian Charter of Rights and FreedomsSection Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Canadian CharterCanadian Charter of Rights and FreedomsThe Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982... - and if so, could it be saved under section 1Section One of the Canadian Charter of Rights and FreedomsSection One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
of the Canadian Charter.
Judgment of the Court
In a unanimous decision, the Supreme Court held that the Language Charter concerned a valid provincial matter but it violated Singer's freedom of expression under section 2(b) of the Canadian Charter as it prohibited the use of English.The Court rejected Singer's argument that the law restricted mobility as protected under the Charter. The law only established conditions for doing business but did not restrict anyone's comings or goings.
On the federalism issue, the Court rejected Singer's argument that the law constituted Criminal law under the Constitution Act, 1867
Criminal law under the Constitution Act, 1867
In Canadian Constitutional law, the Constitution Act, 1867 provides the government with the authority to legislate on matters of criminal law and quasi-criminal law. The primary criminal law power is granted to the federal government under section 91...
. Though there was a prohibition and a penalty, the Act as a whole it constituted a regulatory scheme directed as the linguistic mode of certain commercial activities, and did not resemble any traditional criminal matters based on morality or public order.
External links
- Article critical of the decision "The implications of accommodation", Policy Options, May 1990