Québec's French Language Requirements Still In Force For Business Publications - Including Websites

The Québec Charter of the French Language (the "French Charter") received a constitutional win following the recent decision in 156158 Canada inc. v. Attorney General of Québec, 2017 QCCA 2055, where the Québec Court of Appeal upheld the validity of several provisions relating to product packaging, publications (including websites), posters and commercial advertising.

Background

Eleven businesses in Montréal operated or controlled by individuals whose primary language is English were fined for: (i) having product packaging solely in English contrary to s. 51 of the French Charter; (ii) having websites solely in English contrary to s. 52 of the French Charter; or (iii) advertising solely in English or where the French text was not markedly predominant contrary to s. 58 of the French Charter. The trial judge found all businesses guilty and the Superior Court of Québec as well as the Court of Appeal (the "Court") upheld the judgement.

Court of Appeal Decision

The issue on appeal before the Court was whether sections 51, 52 and 58 of the French Charter violated the businesses' freedom of expression, right to equality and liberty and right to peaceful enjoyment of private property, all as guaranteed by the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms (together, the "Charter").

Prior to its decision, the Court underwent an analysis of the prior fundamental case law on the constitutionality of several French Charter provisions.

In Ford v. Quebec (Attorney General)1, the Supreme Court of Canada (the "SCC") held that requiring public signs, posters and commercial advertising to be exclusively in French, as was required by the old s. 58 of the French Charter, infringed upon the businesses' freedom of expression. However, requiring the predominant or concurrent display of French would be justified. Following Ford, the Québec legislature chose to implement these suggestions, which were upheld by the Québec Court of Appeal in Entreprises W.F.H. Ltée v. Québec (Procureure générale du)2. In Devine v. Quebec (Attorney General)3, the SCC held that requiring the use of French in addition to another language for catalogues, brochures and other publications was justified under the Charter and therefore did not violate freedom of expression or right to equality.

The businesses argued that the linguistic landscape in Québec has changed since Ford and Devine were decided such that the French language is no longer...