As chair of the Special Committee on Language Policy, I have filed an official
application to intervene in the appeal launched by the English Montreal School Board against Bill 21, Quebec’s secularism law, in order to defend the rights guaranteed to all Canadians.
Our application was submitted on May 20 by the law firm Bergman & Associates, which is also leading our challenge of Bill 96—the Legault government’s petty amendments to the Charter of the French Language.
The goal of our intervention before the country’s highest court is to draw attention to the use of Section 33, the notwithstanding clause of the Constitution. This clause allows key sections of the Canadian Charter of Rights and Freedoms—those concerning legal rights, equality, freedom of expression, and freedom of assembly—to be suspended. As our lawyer Michael Bergman noted, if Section 33 can arbitrarily cancel fundamental rights, then the Charter becomes an empty shell.
We began our legal challenge to Bill 96 on May 31, 2023. Our argument rests on the existence of rights that predate the 1982 Charter. All Canadians are entitled to rights that have existed for millennia—the Charter and Section 33 merely codify them. But
we fear the Supreme Court may allow Section 33 to trample those rights and make a mockery of the Charter. That is why we must be involved in the case concerning Bill 21.
The Carney government has stated it will intervene only on the issue of the preventive use of Section 33—not on its broader impact on our fundamental rights. That’s why we believe it’s essential to keep Ottawa focused on this path and to challenge the arbitrary use of the clause.
Of all the organizations contesting Bill 96, we are the only ones fighting for individual rights. I am the lead plaintiff in a group of six Quebecers who have taken the case to
court. As a grassroots organization defending individual freedoms, it is only natural that we act on behalf of Quebec citizens.
Founded in 2021, the Special Committee on Language Policy represents thousands of members and relies entirely on public donations to fund its activities and legal
challenges. To date, we have raised more than $200,000 without a single dollar of government funding. Since our founding, we’ve held public meetings and rallies and have maintained a strong presence in media outlets across Canada. Our legal challenge to Bill 96 is ongoing.
Andrew Caddell
Special Committee on Language Policy
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