Setback for Quebec's new language law as judge suspends 2 articles of Bill 96

A Quebec Superior Court judge has temporarily suspended two articles of the province's new language law, saying they could prevent some English-speaking organizations from accessing justice through the courts.

Justice Chantal Corriveau has ruled that the sections of Bill 96 that require corporations to pay a certified translator to produce French versions of legal documents should be suspended until the court challenge can be heard on its merits.

A group of lawyers challenging the sections of the law argued that the translation requirement might lead to costs and delays that could deter some small- and medium-sized entities that operate in English from going to court.

Corriveau agreed that the group raised questions about whether that part of the law violates sections of the 1867 Constitution Act that guarantee access to the courts in both official languages.

The lawyers are one of several groups mounting legal challenges to Bill 96, which aims to strengthen the use of French through updated language regulations that affect businesses, junior colleges, immigration and the courts.

The law, which was adopted earlier this year, also proactively invoked the notwithstanding clause of the Canadian Constitution to shield it from Charter challenges.