A group of private citizens challenging Quebec’s Bill 96, which restricts the use of English in businesses and public services, is calling on the federal government to intervene.
In 2023, activist Andrew Caddell along with other private citizens decided to launch a constitutional challenge.
“We’re the only case that deals with individuals. All the other cases are dealing with institutions, municipalities, private sector businesses. So, we are quite unique in this case,” Caddell said in a recent interview.
The Quebec government made Bill 96 almost impossible to challenge because it was adopted using the notwithstanding clause, allowing it to bypass the Canadian Charter of Rights and Freedoms.
The group is attempting a more technical constitutional challenge but to succeed, they say, that Canada’s attorney general has to intervene in court. However, Ottawa has thus far refused to intervene.
“Because who’s going to defend the Constitution? Who’s going to defend whether or not Quebec’s should be a nation constitutionally? Who’s going to defend how the Constitution affects my rights? Your rights?” said lawyer Michael Bergman, who is also challenging Bill 96.
Lawyers for the attorney general argued in front of Justice Marc St-Pierre that language laws are a provincial jurisdiction so Ottawa shouldn’t get involved.
“Well, we presented the motion today to have the case dismissed against the attorney general for Canada, because basically the attorney general for Canada cannot be compelled to intervene in a case involving the constitutional validity of provincial legislation,” said lawyer David Boire.
