Sault Ste. Marie language resolution
Encyclopedia
The Sault Ste. Marie language resolution was a government motion passed on January 29, 1990 by Sault Ste. Marie City Council
, the governing body of the city of Sault Ste. Marie
, Ontario
, Canada
, which resolved that English
was the sole working language of city government. The resolution ignited a national controversy which made the city a flashpoint in the Meech Lake Accord
debate.
The Sault Ste. Marie resolution was not the first of its kind in Ontario, but Sault Ste. Marie was the largest municipality to pass such a resolution and bore the brunt of the controversy.
In response to a French-language education controversy which began in 1987 when a group of Franco-Ontarian
families lobbied to have a new French school opened in the city, the Sault Alliance for the Preservation of English Language Rights (SAPELR) was formed and began circulating petitions to have this resolution passed by council. The group worked in concert with the Alliance for the Preservation of English in Canada
(APEC), a lobby group which was concurrently campaigning against the provincial government's French Language Services Act
. Although that law dealt only with provincial government services, APEC's strategy was to convince municipalities that they would be required to provide services in French, regardless of cost or benefit, in an attempt to convince the municipalities to pass this type of resolution. As a result of the schooling controversy, the SAPELR petition quickly garnered over 25,000 signatures.
The resolution was widely seen as retaliation for Quebec Premier Robert Bourassa
's move to override the Supreme Court of Canada ruling that declared parts of Bill 101
unconstitutional. Bill 101 had declared French as the only official language of Quebec.
And whereas the City of Sault Ste. Marie has always shown respect for each of these cultures by providing preferential treatment for none;
And whereas the City of Sault Ste. Marie has throughout its history had one common working language for all of its written and oral communications, which is English;
And whereas the preferred common language of commerce, business, trade, science and normal everyday activities is English;
Now therefore be it resolved that the Corporation of the City of Sault Ste. Marie in the interests of maintaining goodwill, harmony and sound and responsible fiscal management continue as it has in the past to accept the use of English as the official language of communication with its citizens and with all levels of government, thereby demonstrating the concept of equality for each ethnic, cultural and language group in its jurisdiction.
And further resolved in accordance with the Provisions of the Municipal Act of Ontario Part VII and more specifically Section 104a of Said Act the Council of the Corporation of the City of Sault Ste. Marie declares English to be the official language of the said Corporation.
, reported that council would debate the language resolution two days later. This triggered the attention of the national media, and with reporters from all across Canada in town to cover the debate, the resolution passed council 11-2.
, Jean Chrétien
and Ontario premier David Peterson
, who had strongly condemned Premier Bourassa's use of the notwithstanding clause, expressed their opposition to the city's move. Both Peterson and his successor as premier, Bob Rae
, refused to meet with mayor Joe Fratesi
on several subsequent occasions, even to discuss unrelated matters.
In particular, the resolution was seen as a slap in the face to Quebec
, where it was widely viewed as racist. (One Environment Canada
meteorologist sent out a weather report for Sault Ste. Marie in which the forecast called for "a chance of flurries and Nazis", leading to her suspension.) Council defended the resolution, suggesting that Quebec's language laws and its refusal to abide by the Supreme Court ruling also constituted racism.
Council was also criticized for seemingly turning its back on the city's own history; although in modern times francophones are only a small percentage of the city's population, the city's history is intimately connected to early French Canadian
missionary and voyageur exploration of the Great Lakes
area. Some commentators also jokingly suggested that the resolution would require the city to change its name to St. Mary's Falls.
Even entertainers weighed in on the controversy; on their 1991 album Road Apples, The Tragically Hip
criticized the resolution in the song "Born in the Water":
controversy in 1995 when he applied for the job of chief administrative officer of the city, while still sitting as mayor.
Quebec Premier Bourassa later passed Bill 86
, which amended that province's language laws in accordance with the Supreme Court ruling, so the controversy died down.
On June 30, 1994, a court ruling struck down the English-only resolution as ultra vires
the council's authority. On August 9, 1999, a resolution was brought forward under a new city council to strike down the resolution. The city's solicitor advised that the resolution was out of order given that a court had already struck down the resolution. Attempting to do what it could, the council then unanimously passed the following resolution:
The effect of the resolution was to amend the minutes containing the English-only resolution to note that the resolution had been struck down.
As recently as 2007, The Gazette
in Montreal
referred to the town of Hérouxville
, then embroiled in a controversy around reasonable accommodation
of immigrants, as Quebec's "own Sault Ste. Marie".
Sault Ste. Marie City Council
The Corporation of the City of Sault Ste. Marie, Ontario is run by a city council of 12 councillors, representing six wards, and a mayor.-Mayor:...
, the governing body of the city of Sault Ste. Marie
Sault Ste. Marie, Ontario
Sault Ste. Marie is a city on the St. Marys River in Algoma District, Ontario, Canada. It is the third largest city in Northern Ontario, after Sudbury and Thunder Bay, with a population of 74,948. The community was founded as a French religious mission: Sault either means "jump" or "rapids" in...
, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, which resolved that English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
was the sole working language of city government. The resolution ignited a national controversy which made the city a flashpoint in the Meech Lake Accord
Meech Lake Accord
The Meech Lake Accord was a package of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and ten provincial premiers. It was intended to persuade the government of the Province of Quebec to endorse the 1982 Canadian Constitution and increase...
debate.
The Sault Ste. Marie resolution was not the first of its kind in Ontario, but Sault Ste. Marie was the largest municipality to pass such a resolution and bore the brunt of the controversy.
Background
Sault Ste. Marie was originally founded by French-speaking missionaries in 1623 but had become overwhelmingly English-speaking by the twentieth century.In response to a French-language education controversy which began in 1987 when a group of Franco-Ontarian
Franco-Ontarian
Franco-Ontarians are French Canadian or francophone residents of the Canadian province of Ontario. They are sometimes known as "Ontarois"....
families lobbied to have a new French school opened in the city, the Sault Alliance for the Preservation of English Language Rights (SAPELR) was formed and began circulating petitions to have this resolution passed by council. The group worked in concert with the Alliance for the Preservation of English in Canada
Alliance for the Preservation of English in Canada
The Alliance for the Preservation of English in Canada was a group in Canada, which campaigned against the Canadian government's policy of official bilingualism....
(APEC), a lobby group which was concurrently campaigning against the provincial government's French Language Services Act
French Language Services Act
The French Language Services Act is a law in the province of Ontario, Canada which is intended to protect the rights of Franco-Ontarians, or French-speaking people, in the province....
. Although that law dealt only with provincial government services, APEC's strategy was to convince municipalities that they would be required to provide services in French, regardless of cost or benefit, in an attempt to convince the municipalities to pass this type of resolution. As a result of the schooling controversy, the SAPELR petition quickly garnered over 25,000 signatures.
The resolution was widely seen as retaliation for Quebec Premier Robert Bourassa
Robert Bourassa
Jean-Robert Bourassa, was a politician in Quebec, Canada. He served as the 22nd Premier of Quebec in two different mandates, first from May 12, 1970, to November 25, 1976, and then from December 12, 1985, to January 11, 1994, serving a total of just under 15 years as Provincial Premier.-Early...
's move to override the Supreme Court of Canada ruling that declared parts of Bill 101
Charter 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...
unconstitutional. Bill 101 had declared French as the only official language of Quebec.
Text of the resolution
Whereas the City of Sault Ste. Marie is composed of many different ethnic groups, languages and cultures;And whereas the City of Sault Ste. Marie has always shown respect for each of these cultures by providing preferential treatment for none;
And whereas the City of Sault Ste. Marie has throughout its history had one common working language for all of its written and oral communications, which is English;
And whereas the preferred common language of commerce, business, trade, science and normal everyday activities is English;
Now therefore be it resolved that the Corporation of the City of Sault Ste. Marie in the interests of maintaining goodwill, harmony and sound and responsible fiscal management continue as it has in the past to accept the use of English as the official language of communication with its citizens and with all levels of government, thereby demonstrating the concept of equality for each ethnic, cultural and language group in its jurisdiction.
And further resolved in accordance with the Provisions of the Municipal Act of Ontario Part VII and more specifically Section 104a of Said Act the Council of the Corporation of the City of Sault Ste. Marie declares English to be the official language of the said Corporation.
Resolution passes
On January 27, 1990, the city's daily newspaper, the Sault StarSault Star
The Sault Star is a daily newspaper in Sault Ste. Marie, Ontario and owned my Sun Media.The northern newspaper has a current daily subscription of over 20,000 households to the Sault Ste. Marie area and Algoma District....
, reported that council would debate the language resolution two days later. This triggered the attention of the national media, and with reporters from all across Canada in town to cover the debate, the resolution passed council 11-2.
Controversy
Many political figures, including Brian MulroneyBrian Mulroney
Martin Brian Mulroney, was the 18th Prime Minister of Canada from September 17, 1984, to June 25, 1993 and was leader of the Progressive Conservative Party of Canada from 1983 to 1993. His tenure as Prime Minister was marked by the introduction of major economic reforms, such as the Canada-U.S...
, Jean Chrétien
Jean Chrétien
Joseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....
and Ontario premier David Peterson
David Peterson
David Robert Peterson, PC, O.Ont was the 20th Premier of the Province of Ontario, Canada, from June 26, 1985 to October 1, 1990. He was the first Liberal premier of Ontario in 42 years....
, who had strongly condemned Premier Bourassa's use of the notwithstanding clause, expressed their opposition to the city's move. Both Peterson and his successor as premier, Bob Rae
Bob Rae
Robert Keith "Bob" Rae, PC, OC, OOnt, QC, MP is a Canadian politician. He is the Member of Parliament for Toronto Centre and interim leader of the Liberal Party of Canada....
, refused to meet with mayor Joe Fratesi
Joe Fratesi
Joe Fratesi is the former mayor and current chief administrative officer of Sault Ste. Marie, Ontario. Serving as Sault Ste. Marie's mayor from 1986 to 1996, he was the longest serving mayor in Sault Ste. Marie's history, breaking the record that W...
on several subsequent occasions, even to discuss unrelated matters.
In particular, the resolution was seen as a slap in the face to Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
, where it was widely viewed as racist. (One Environment Canada
Environment Canada
Environment Canada , legally incorporated as the Department of the Environment under the Department of the Environment Act Environment Canada (EC) (French: Environnement Canada), legally incorporated as the Department of the Environment under the Department of the Environment Act Environment...
meteorologist sent out a weather report for Sault Ste. Marie in which the forecast called for "a chance of flurries and Nazis", leading to her suspension.) Council defended the resolution, suggesting that Quebec's language laws and its refusal to abide by the Supreme Court ruling also constituted racism.
Council was also criticized for seemingly turning its back on the city's own history; although in modern times francophones are only a small percentage of the city's population, the city's history is intimately connected to early French Canadian
French Canadian
French Canadian or Francophone Canadian, , generally refers to the descendents of French colonists who arrived in New France in the 17th and 18th centuries...
missionary and voyageur exploration of the Great Lakes
Great Lakes
The Great Lakes are a collection of freshwater lakes located in northeastern North America, on the Canada – United States border. Consisting of Lakes Superior, Michigan, Huron, Erie, and Ontario, they form the largest group of freshwater lakes on Earth by total surface, coming in second by volume...
area. Some commentators also jokingly suggested that the resolution would require the city to change its name to St. Mary's Falls.
Even entertainers weighed in on the controversy; on their 1991 album Road Apples, The Tragically Hip
The Tragically Hip
The Tragically Hip, often referred to simply as The Hip, is a Canadian rock band from Kingston, Ontario, consisting of Gordon Downie , Paul Langlois , Rob Baker , Gord Sinclair and Johnny Fay . Since their formation in 1983 they have released 12 studio albums, two live albums, and 46 singles...
criticized the resolution in the song "Born in the Water":
Smart as trees in Sault Ste. Marie
I can speak my mother tongue
Passing laws, just because
And singing songs of the English unsung
How could you do it?
How could you even try?
When you were born in the water
And you were raised up in the sky?
Aftereffects
Fratesi, who was viewed by Sault Ste. Marie voters throughout the controversy as standing up for the city's interests, was re-elected mayor in a landslide in 1991. He later became embroiled in a conflict of interestConflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
controversy in 1995 when he applied for the job of chief administrative officer of the city, while still sitting as mayor.
Quebec Premier Bourassa later passed Bill 86
Bill 86
Bill 86 is a law in Quebec, Canada. Related to the Charter of the French Language, it allows the use of English on outdoor public signs in Quebec, as long as French is more prominent.*...
, which amended that province's language laws in accordance with the Supreme Court ruling, so the controversy died down.
On June 30, 1994, a court ruling struck down the English-only resolution as 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 council's authority. On August 9, 1999, a resolution was brought forward under a new city council to strike down the resolution. The city's solicitor advised that the resolution was out of order given that a court had already struck down the resolution. Attempting to do what it could, the council then unanimously passed the following resolution:
Moved by Councillor Derik Brandt
Seconded by Councillor Sam Lepore
Whereas the "language resolution" was struck down by the courts because it was beyond the City’s authority; and
Whereas it is not legally possible to rescind a resolution that has already been struck down by the courts;
Be It Resolved that a notation be added to the Minutes of the Regular Meeting of City Council of January 29, 1990 to include the following beside item 5(e); N.B. "This resolution was struck down by the courts on June 30, 1994 and therefore has no effect."
The effect of the resolution was to amend the minutes containing the English-only resolution to note that the resolution had been struck down.
As recently as 2007, The Gazette
The Gazette (Montreal)
The Gazette, often called the Montreal Gazette to avoid ambiguity, is the only English-language daily newspaper published in Montreal, Quebec, Canada, with three other daily English newspapers all having shut down at different times during the second half of the 20th century.-History:In 1778,...
in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
referred to the town of Hérouxville
Hérouxville, Quebec
Hérouxville is a parish municipality in Quebec , located in the Regional county municipality of Mékinac, and in the administrative region of Mauricie. It was founded in 1897...
, then embroiled in a controversy around reasonable accommodation
Reasonable accommodation
A reasonable accommodation is an adjustment made in a system to "accommodate" or make fair the same system for an individual based on a proven need. Accommodations can be religious, academic, or employment related and are often mandated by law. Each country has its own system of reasonable...
of immigrants, as Quebec's "own Sault Ste. Marie".