Human rights group seeks $1M in damages over Bill 96 ‘discrimination’

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A Montreal group has filed a human rights complaint over Quebec’s language-law overhaul, seeking $1 million in damages from the provincial government for the “widespread discriminatory impact of Bill 96.”

The Red Coalition, a human rights advocacy group, said it filed the complaint with the Commission des droits de la personne et des droits de la jeunesse on Tuesday.

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“Bill 96 has fractured our society, deepening divides and legitimizing discrimination,” Joel DeBellefeuille, the group’s founder and executive director, said in a statement.

“This complaint is not just about holding the government accountable. It’s about healing our community and reaffirming the principles of equality and respect that should define Quebec.”

Bill 96, which became law in June 2022, was the biggest overhaul of Quebec language regulations since Bill 101, officially known as the Charter of the French Language, was adopted in 1977.

Among other things, Bill 96 touched on CEGEP enrolment, how businesses operate, the workings of the court system and who can receive government services in English.

The Red Coalition’s seven-page complaint to Quebec’s human rights commission names as defendants the governing Coalition Avenir Québec party, as well as Premier François Legault, Justice Minister Simon Jolin-Barrette, French Language Minister Jean-François Roberge, and Christopher Skeete, the minister responsible for the fight against racism.

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“Since its inception, Bill 96 has ignited numerous online disputes and daily conflicts in public spaces, schools, workplaces, and other areas of social interaction,” the Red Coalition told the commission.

“The law has created a stark division between the francophone community and English-speaking residents, as well as those whose first language is neither French nor English.

“The ensuing discrimination has not only been overt but is also escalating, with both sides increasingly vocal in their disdain for each other.”

The group said Bill 96 “has also contributed to discriminatory practices that extend beyond language, spilling into bias based on race, ethnicity, and religion. The societal fabric of Quebec is unravelling, with the law fuelling animosity rather than fostering unity.”

It said Quebecers have been ”harassed and ridiculed on social media platforms for expressing their views on Bill 96 or advocating for linguistic rights, violating their right to free expression and protection from harassment based on language.”

It also pointed to a controversial new Quebec Health Ministry directive regarding who can receive health services in English.

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The Red Coalition said the directive creates “a two-tier system in which one class of citizens is treated differently based on language.

“This practice is particularly dangerous in emergency health situations where clear communication is vital and has led to widespread reports of individuals being denied services, both in person and over the phone, due to their inability to communicate in French,” the group said.

The Red Coalition asked the commission to investigate “the societal impact of Bill 96, with particular focus on the dimensions of linguistic discrimination experienced by both French-speaking and non-French-speaking communities in Quebec.”

It asks the commission to declare that Quebec, “by enacting and enforcing Bill 96, has violated the fundamental rights and freedoms protected under the Quebec Charter of Human Rights and Freedoms, including the right to equality, dignity, and non-discrimination based on language.”

It is seeking $1 million in punitive damages to be distributed to “organizations and individuals advocating for the rights and freedoms of people in Quebec, including those advocating for French, English, and non-English-speaking communities.”

The Legault government pre-emptively invoked the Constitution’s notwithstanding clause to shield Bill 96. The clause allows governments to override some fundamental rights in the Charter of Rights and Freedoms.

Several lawsuits arguing Bill 96 is unconstitutional are winding their way through the courts.

ariga@postmedia.com

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