Landmark Charter Case Analysis: Case #2 Ford v. Quebec (1998)

3. Who are the appellants in this case?

What are they appealing?

Examples in the World

The appellants comprise of five business owners living in Quebec who sought an appeal from the Supreme Court of Canada. The representative, as one of the five business owners, was Valerie Ford who had filed the lawsuit.

They had appealed to the S.C.C. to make exceptions to the French Language laws of the Quebec Charter which states that all public signs must be in the French language.

4. What are the key issues/facts of the case?

There is a conflict between the Francophone - French speaking - and Anglophone - English speaking - populations. An issue of access to bilingual presentations of signs in Quebec is a key issue.

On the stance of the Francophone population, the French language must be facilitated in all aspects of the government including the public sector. This is achieved in promotion of the minority rights of the large Francophone community in Quebec and in preservation of the French culture.

On the stance of the Anglophone population including business owners, the legislation may affect their business by reducing the possibilities of increasing access to market promotions, thus reducing the possibilities of increasing consumer popularity, profits, and workflow in response to a biased law that only assists French speaking Canadians in Quebec.

2. Who are the respondents in this case?

What are they responding to?

In this case the respondent is the Attorney General of Quebec.

Public debates and discussions have a powerful effect on the opinions of society.

The values of today’s society have been massively shaped by the media on a subconscious, social, and cultural level.

In effect, a message is being conveyed to a vast and diverse range of individuals across all demographics with the use of helpful media related resources.

If people in society disagree with a court decision, brought to attention on televisions or on social media blogs, it is possible that protests, petitions, lobby groups could formulate in reaction to the concern. The court may have no choice but to make an exception or accommodation in support of the general public.

1. What areas of law are

involved?

The following landmark case applies to the Federal Law:

-It is categorized in the public law field under substantive law.

-It would be considered the violation of a constitutional law.

-Regarding legal provisions for the province of Quebec to use the French language on public signs;the topic of concern may be viewed as Minority Rights pertaining to the use of the French Language.

The English language is the international language of commerce. (Rolgier 295) The English language is universally applied to numerous global organization, corporations, as well as political/business entities such as the European Union in Europe.

The European Union comprises a group of prestigious nations well known for their well established economies. In a survey of civilians residing in nations associated with the European Union, 38% stated that they were capable and competent of communicating in English in 2005 (Rolgier 2).

As a result of globalization, many businesses have been able to operate across the globe. However, in exception to the state of the global business relations, the majority of marketing endorsements are published in English, to a minor degree. It was reported in a magazine analysis of six 2004 Elle editions, that of the 2,384 different ads examined,over approximately 67% of the ads included a few English terms. “90 per cent of the ads with English were partly in English and partly in the local language, and only 13 per cent of the total amount of the text in those ads was in English” (Rolgier 1). The market endorsements were reported in the European nations such as Belgium where civilians communicated in Dutch or French, France, Germany, the Netherlands, and Spain.

5. How can the media have an impact on court decisions?

The Ford v. Quebec case is considered a landmark case because it pertains to a national concern of language requirements that affects an entire population in Quebec including business owners, consumers, Anglophone residents, immigrants, and tourists.

French and English are the two official languages of Canada, which are supported by the Charter. Thus both languages should be included in unison in all law decrees, public signs and commercial posters/promotions within the province of Quebec in support of different minority cultures in Quebec.

The Charter of Rights and Freedoms is classified as a Constitutional document under the Public law sector.

It was created as a result of the legislation of the Canada Act on April 17th, 1982.

Landmark Charter Case

Analysis:

Case #2

Ford v. Quebec (1998)

12. Why is this case considered a landmark case?

6. What type of document is the Charter of Rights and Freedoms?

Works Cited

Section 33, subsection 1 of the Canadian Charter of Rights and Freedoms is being challenged.

This area of the Charter is referred to as the notwithstanding clause.

If we were one of the Justices present at the Supreme Court of Canada hearing, we would be in favor of the appellant’s personal viewpoint.

We would agree to make an exception to the law of Quebec, Bill 101, because it is important to consider Canada’s first official language, English, and to consider the concerns of various groups across the population spectrum of Quebec such as emigrated Anglophone residents, tourists, immigrants.

The approval of the case, may contribute to higher participation rates in business transaction, leading to successful companies and an improved economy. This includes sales contributed by tourists who are not literate in the French language.

7. What sections of the Charter are being challenged?

11. How would you have decided your case? Why?

"attorney general." Dictionary.com Unabridged. Random House, Inc. 14 Apr. 2013. <Dictionary.com http://dictionary.reference.com/browse/attorney general>.

Corbeil, Jean-Pierre, comp. French and the francophonie in Canada. Pub. no. 98-314-XWE2011003. Ottawa: Minister of Industry, 2012. Census in Brief Series 1. Statistics Canada. Web. 15 Feb. 2013.

Philpot, Rob, trans. An Independent Quebec: The Past, Present, and the Future by

Jacques Parizeau. 2009. Montreal: Baraka Books, 2010. Print.

Rogier Crijns, et al. "English In Product Advertisements In Belgium, France, Germany, The Netherlands And Spain." World Englishes 26.3 (2007): 291-315. Literary Reference Center. Web. 14 Apr. 2013.

a)Bill 101:

Bill 101 was constantly referred in the case. This was a law passed in Quebec proclaiming the rights of the Quebec government to incorporate the French language into their daily operations and views such as sighting public signs, posters, and commercial advertisements in to preserve their French culture.

b)The Constitution Act of 1982:

This was the legislation that declared the rights and freedoms of all Canadians. Ironically, the Constitution Act of 1982 was not signed by the province of Quebec; their cooperation with legal terms was implied but never signed officially.

The organization of Canada's judicial system is a function of Canada’s Constitution, and particularly of the Constitution Act, 1867. By the Act, authority for the judicial system in Canada is divided between the federal government and the ten provincial governments.

Appeals are heard by the Supreme Court of Canada only if leave will be given when a case involves a question of public importance, or if it raises an important issue of law or of mixed law and fact, or of such a significance as to warrant consideration of the Court.

8. Is there any other laws that are referred to throughout the case?

The trial hearing of the case of Ford v. Quebec had taken place at the Supreme Court of Canada which is the highest court of appeal in Canada under the federal jurisdiction.

The process of appeals in the judicial system requires the succession of a sequence of appeals firstly to the Quebec Court of Appeal, following the Federal Court of Appeal, and finally to the Supreme Court of Canada.

10. What distinguishes the powers of a court from the powers of a government?

Should these powers over lap?

9. Where did the trial begin?

Was this case appealed?