Documents
in Quebec History
Last
revised: 23 August 2000 | Documents on the Controversy Surrounding the Language
of Commercial Signs in Quebec (Bill 178) December 1988
Bill
178, an Unacceptable Deregulation Jean-Louis Bourque [Note
from C. Bélanger: Translated below is only part of the text by Bourque, that part
that is most connected to Bill 178. A significant portion of the article concerned
Bill 191 which proposed a variety of amendments to the Charter of the French Language.] *
* * * * * * * * * * * * * * * * * "On
December 15 last, the Supreme Court of Canada declared unconstitutional articles
58-59 of the Charter of the French Language. At the same time, it recognized that
the provincial government could remove itself from the application of the judgment
of the Court by adopting a notwithstanding clause, and thus partially limit individual
freedoms so as to protect the collective interests of the francophone citizens
of Quebec and safeguard public order. Caught
between its contradictory concerns, its electoral promises and its uncertain beliefs,
the BOURASSA government attempted to play a juggling act: as if by magic, without
debate, three days before Christmas, it pretends to fill the judicial vacuum by
adopting a lightweight law, Bill 178 (11 articles), without regulations. After
three years of linguistic neglect, it threw a bone to the anglophone community
that finances him (13%), bilingualism inside and a handful of illusions
to the francophone majority: French on the outside. In fact, he opens
the door to a sly form of bilingualism inside, according to chancy
modalities (Leon Dion), that is to say uncertain and problematic. For
the time-being the balance-sheet of the behavior of this sorcerers apprentice
is: general dissatisfaction, resignation of three anglophone ministers, demonstrations,
calls for civil disobedience, agitation, violence, tensions and frustrations.
All this agitation masks what is essential, and which can be contained in two
sentences: 1.
the French language and culture are in an imperiled position in North America; 2.
the Government of Quebec is the only democratic government in North America, which
by virtue of its own Constitution (article 45 of the Law of 1982), can prevent
the insidious fate of Louisiana to happen in Quebec and to guarantee the existence
of a true francophone State. [Note from C. Bélanger: s. 45 states that "Subject
to section 41, the legislature of each province may exclusively make laws amending
the constitution of the province"] An
imperative task: the defense of national interest. Everywhere,
throughout the world, nations defend their national interest. Everywhere, an equilibrium
between individual and general interests is sought. But when there is danger,
collective interests must stand ahead of individual interests. Quebec should abide
by this rule. Quebecers are known to be tolerant and open, but patience, generosity
and benevolence should not exclude lucidity. What should we think of a government
oblivious to the erosion that threatens the language of the majority in more or
less the long term? What should one think of a government that has done nothing
to have the law respected, to reinforce the beneficial and reassuring effects
that the Charter of the French Language has, when such a Charter is akin to a
constitutional guarantee in the mind of Quebecers? [Here
is included a discussion of Bill 191, proposed by Claude Filion of the Parti Quebecois;
the intent of this bill was to strengthen a number of provisions in Bill 101,
particularly regarding computer programmes] Bill
178, an unfinished draft The
proposed Bill 191 deserves to be better known by the population of Quebec. The
aim of this bill was to promote the distinctiveness of the francophone society
of Quebec. Bill 178 strengthens Bill C-72 (Official Languages Act) and C-93
(Multiculturalism) enacted by the Federal Government, which finances bilingualism
in the only province with a francophone majority, to thwart the objectives of
the Charter of the French Language. Compared
to Bill 191, Bill 178 looks like an unfinished draft. Mister BOURASSA knew about
Bill 191. In a rush, without refection, evading his national responsibilities,
he hoped to settle a major problem with an unacceptable compromise. He depends
on weariness to lessen tensions. Mister BOURASSA, you know it, since 1985, French
is retrenching on all fronts in Quebec. There is urgency. Instead of putting to
sleep our consciences, consolidate Bill 101, and, as the vast majority of the
population wishes it, make the law be respected. Source:
Jean-Louis BOURQUE, "La Loi 178, un dérèglement inacceptable",
in Action Nationale, Vol. 79, No. 3 (March 1989): pp. 212-215 ©
For the translation, 1999, Claude Bélanger, Marianopolis College |