Date of publication: June 27, 2022 • 8 hours ago • 5 minutes reading • 145 comments Quebec Justice Minister and French Language Minister Simon Jolin-Barrette holds a book containing the 1867 Canadian Constitution during a press conference Wednesday, June 8, 2022 in the Legislature body in Quebec City. Photo by Jacques Boissinot / The Canadian Press
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KUBEK – It may come as a surprise given the heated debate over legislation, but some of the major changes included in Bill 96 revising the French Language Charter will not be implemented overnight.
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The bill, passed on May 23 in the last weeks of Quebec’s 42nd parliamentary term, contains 200 clauses – major and minor – which the government says reinforce the use of French in all areas of Quebec life: by the courts. and the education system to the municipalities and even the birth. and death certificates. The final version of the bill, with dozens of amendments and sub-amendments, is not yet available. Government officials say lawyers and bureaucrats are still reviewing the legislation and will publish a final version “soon.” Less is known when the various elements of the law will be implemented. A timetable given to the Montreal Journal by the French language ministry maps the road ahead.
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The first immediate change after its passage in the legislature includes the preamble to the bill and the Canadian Constitution. Bill 96 introduces two new articles in the Constitution that recognize the distinctive character of Quebec. Article 90Q.1 states that Quebec is a nation, while Article 90Q.2 states: “French shall be the sole official language of Quebec. It is also the common language of the Quebec nation. “ Describing the introduction of the articles as more than symbolic, the minister in charge of the bill, Simon Jolin-Barrette, proudly presented a copy of the amendments introduced to the Constitutional Law of 1867 in May. He said the additions give a formal status to the Quebecers’ collective rights and the viability of the French.
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Analysts, on the other hand, note that the courts have not had the opportunity to review the significance or legal significance of the clauses. Nor do they change the fact that Quebec never signed the 1982 Constitution. Another direct result of the bill was that Jolin-Barrette acquired a new cabinet title, moving from the French language minister to the French language minister. The work includes the creation of a full ministry with deputy ministers, a budget of $ 27.4 million for the period 2022-2023 and a staff of 70 people. Proud of what he has achieved, Jolin-Barrete spoke last Thursday at the famous French Academy in Paris where he described what Quebec has done to support the French. Finally, with the passage of the bill, the clause subject to federally regulated companies such as Canada Post and banks with 50 employees and up to the rules of the charter is immediately implemented, in order to ensure the right of employees to work in French.
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The government has not specified how this will work. Meanwhile, the federal government itself reviewing the official language law has a similar goal. Other changes in Quebec begin a year later. As of June 2023, the new French language learning service in Quebec, Francisation Québec, is expected to be operational, as well as new free French lessons for anyone in Quebec who wants to improve their language skills. Originally an idea of Jacques-Cartier Liberal MNA Greg Kelley, Jolin-Barrette made it happen on Bill 96. June 2023 is also the date when French will be used exclusively as a language of communication by the government. Bill 96, however, includes a number of exceptions where English can still be used.
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In the academic year 2023-2024, the government will start applying the Bill 96 enrollment ceiling in French and non-English speaking CEGEP. French and non-English speakers in the English system will have to pass an aptitude test in French to graduate, the same test that students take in French CEGEP. Only in the academic year 2024-2025 does the requirement for CEGEP English students to take three courses in French or three more courses in French as a second language to obtain the Diplôme d’études collégiales (DEC) begins. Again, there are many questions about how this will be implemented, how it could affect student grades, and how it could affect the jobs of hundreds of teachers. CEGEP leaders say they intend to push for more time to implement the new plan.
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Also, from June 2024, a translation into French is required for court documents submitted by companies. This clause, meanwhile, is legally challenged. The team with the longest adjustment time is the business. They have until June 2025 to change their license plates to ensure the “pure domination” of the French. The rules will cost businesses a package. Also, only in June 2025 smaller companies with 25 to 49 employees must follow the rules on franchising the articles of association, which ensure that workplaces comply with Bill 96. Given the great prospect until the full implementation of the bill, what are the chances that it will change along the way? It depends on who will form the next government in the general elections of this autumn.
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If, as expected, CAQ wins the majority, do not expect anything in return. It is, after all, the law of CAQ. If the Liberals form the government, they have pledged to amend the bill but not to repeal it. They will lift the six-month rule for migrants to receive services in their mother tongue, the enrollment ceiling, and restore freedom of choice to access CEGEPs. If the Québec solidaire forms the government, it undertakes to also abolish the immigration clause, but to leave much of the law the same. QS is the only other party that voted in favor of the bill 96. If the Parti Québécois forms the next government, expect it to repeal the bill and present a much tougher one. The Quebec Conservative Party, which voted against Bill 96 and is second only to the Liberals among non-French voters, says as a government it will abandon the use of the Constitution clause that protects the law from litigation.
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The party wants the law to be subject to the rules of the Charter of Rights and Freedoms of Quebec and Canada and that citizens can challenge the law before the judiciary. The two new parties focused on minority rights, among others, the Canadian Party of Quebec and the Montreal Bloc, both of which promise to repeal the bill in the unlikely event of a government being formed. [email protected] twitter.com/philipauthier
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