Quebec Government Seeks to Appeal Bilingual Voter Card Ruling

The CAQ government is seeking leave to appeal the Quebec Superior Court ruling requiring Élections Québec to prepare and mail voter reminder cards in both French and English for the October 5 provincial election. The Quebec Court of Appeal is expected to hear the government’s request on October 5—the same day Quebecers go to the polls.

The government argues that Justice Sylvain Lussier erred by effectively creating a language right that is not provided for in the Constitution. Its application challenges the Court’s reliance on Section 3 of the Canadian Charter, which protects democratic rights, as well as other constitutional principles.

The appeal follows Justice Lussier’s September 16 decision temporarily suspending provisions of the Charter of the French Language and ordering bilingual reminder cards. On September 21, that suspension was extended through election day. The Court did not require Élections Québec to resend the election guide or notice of entry, which had already been mailed in French only.

For TALQ, the government’s decision to challenge the ruling raises broader concerns about access to the democratic process.

“This is an important victory for English-speaking Quebecers and for democratic participation in Quebec,” TALQ President Eva Ludvig said following the original ruling. “Voters must be able to access the essential information they need to exercise their fundamental right to vote.”

TALQ Director General Sylvia Martin-Laforge has also questioned why English-speaking Quebecers should repeatedly have to turn to the courts to defend access to services and information: “Always asking the English-speaking community to challenge for their rights is really not what we would have expected of a government of Quebec.”

TALQ maintains that protecting and promoting French can go hand in hand with respecting the rights of English-speaking Quebecers and ensuring all Quebecers can participate fully in our democracy.