What modification to the bill 101 was made in 1993

Fact file: What is Bill 101?

MONTREAL – Quebec is the only province in Canada where French is the sole official language.

Bill 101, or the Charter of the French Language as it’s also known, was introduced by the first-ever Parti Quebecois government, led by then-Premier René Lévesque. It was passed into law on August 26, 1977.

The charter was brought into being to address the thorny issue of language in the province, an issue that many historians have suggested began with the Conquest of 1760, when Britain acquired parts of New France at the end of the Seven Years War.

“English-speaking merchants, who formed a minority in New France, soon took control of the economy and would seek to impose their will on the French-speaking majority for the next 200 years,” noted Université du Québec à Montréal historian Mathieu Noël in his article on language conflict in Quebec for the McCord Museum of Canadian History.

It was after the Quiet Revolution in the 1960s that the issue of language in the province took centre stage.

“The situation became potentially explosive, and a conflict over language in the northeast Montreal neighbourhood of Saint Léonard provided the spark that set off the Quebec language crisis of the 1970s,” said Noël.

In 1974, under the leadership of Premier Robert Bourassa, the Quebec Liberal Party brought in Bill 22, which made French the official language of the province.

In the 1976, the Parti Quebecois was elected for the first time. The next year, the party introduced the Charter of the French Language.

The purpose of Bill 101 was to make French the commonly used language of Quebec. It was hoped that this would allow for more francophones to take up management roles in the province. Despite the fact that 85 per cent of Quebecers spoke French at the time, senior positions were mainly held by English-speakers, as the language of management was English in most medium and large businesses.

The language charter made French the official language of government, courts and workplaces. It required that all signs be in French and that all all children attend French school, with the exception of those whose parents attended English school in Canada. The bill also established the Office québécois de la langue française (known colloquially as “the language police”).

“The bill was welcomed by Québec nationalists, but sparked anger among anglophones, allophones and even some francophone parents who lost the right to enrol their children in English school,” Noël noted.

While Bill 101 has fundamentally altered the linguistic landscape of Quebec, language continues to be a controversial and emotional issue in the province.

The preamble to the Charter of the French Language reads:

WHEREAS the French language, the distinctive language of a people that is in the majority French-speaking, is the instrument by which that people has articulated its identity;

Whereas the National Assembly of Québec recognizes that Quebecers wish to see the quality and influence of the French language assured, and is resolved therefore to make of French the language of Government and the Law, as well as the normal and everyday language of work, instruction, communication, commerce and business;

Whereas the National Assembly intends to pursue this objective in a spirit of fairness and open-mindedness, respectful of the institutions of the English-speaking community of Québec, and respectful of the ethnic minorities, whose valuable contribution to the development of Québec it readily acknowledges;

Whereas the National Assembly of Québec recognizes the right of the Amerinds and the Inuit of Québec, the first inhabitants of this land, to preserve and develop their original language and culture;

Whereas these observations and intentions are in keeping with a new perception of the worth of national cultures in all parts of the earth, and of the obligation of every people to contribute in its special way to the international community.

All cartoons used with permission of the McCord Museum. A full online exhibition of some 50 cartoons on language conflict in Quebec from the 1950s to today can be viewed here.

What modification to the bill 101 was made in 1993

This article was written by a law student for the general public.

The Charter of the French Language (S.Q. 1977, c. 5), an important statute adopted by the Quebec National Assembly in 1977, is popularly known as ‘Bill 101’ from its designation on the order paper when it was first introduced by the Parti Québécois government.

Concern for the future of the French language began to be expressed in Quebec during the 1960s after the birth rate declined abruptly during the Quiet Revolution. Immigrants tended to adopt English rather than French and to send their children to English schools, and some demographers predicted that Montreal would again become a mainly English-speaking city, as it briefly had been in the mid-nineteenth century. In 1973, the Gendron Commission recommended measures to encourage the use of French, especially in the economy, and the Liberal government introduced an Official Language Act (‘Bill 22’) in 1974. The Parti Québécois, deeming the latter measure inadequate, replaced it with ‘Bill 101’, which makes French the “normal” language of municipal, public and para-public administration, imposes stringent French language tests for admission to the professions, requires most businesses with more than fifty employees to operate mainly in French, and requires collective agreements to be drafted in French. Originally it restricted the use of English in the National Assembly and the courts, but these provisions were contrary to section 133 of theConstitution Act, 1867 and were struck down by the Supreme Court of Canada in 1979 (see Quebec (A.G.)v. Blaikie, [1979] 2 S.C.R. 1016).

The most controversial sections of ‘Bill 101’ were those restricting access to English schools and prohibiting the use of English on commercial signs. Both became vulnerable after the Canadian Charter of Rights and Freedoms took effect in 1982. Soon afterwards the Supreme Court of Canada ruled that ‘Bill 101’ must be brought into conformity with section 23(1)(b) of the Charter, which guarantees Canadian citizens who received an English education in Canada the right to educate their children in English (see Quebec (A.G.) v. Quebec Protestant School Boards, [1984] 2 S.C.R. 66). In 1988 the provision relating to signs was struck down as a violation of freedom of expression (see Ford v. Quebec A.G., [1988] 2 S.C.R. 712), but the Bourassa government promptly used the notwithstanding clause to re-enact it in a modified form, a measure that caused three anglophone cabinet ministers to resign. In 1993 a further modification allowed English to appear on signs posted outdoors provided the French words were more prominent.

Although it has been amended several times and is resented or ridiculed by many Quebec Anglophones, ‘Bill 101’ remains an important symbol of Quebec’s determination to maintain French as a viable language in a continent that speaks mainly English.

Bill 101 (Charte de la langue française)

Introduced by Camille Laurin, Bill 101, the Charter of the French Language (1977), made French the official language of the Government and the courts of Quebec. French became the ″normal, everyday language of work, instruction, communication, commerce and business.»

Historical Context

With the advent of Confederation in 1867, the French Canadian leaders in Quebec realized that the rights of the francophone minorities were threatened. This was the case in New Brunswick, Ontario and Manitoba, most notably in the education systems (see New Brunswick Schools Question; Ontario Schools Question; Manitoba Schools Question). (See also North-West Schools Question; Section 23 and Francophone Education outside of Quebec.)

These realities paved the way for the forceful nationalism of Lionel Groulx. (See French Canadian Nationalism.) He viewed the Conquest as the worst catastrophe that could have befallen the French Canadian people. This nationalistic view later led to the separatist movement, including the Rassemblement pour l’indépendance nationale (see Parti Québécois).

The Royal Commission on Bilingualism and Biculturalism (1963-1971) revealed that the political and economic weight of francophone Canadians was not proportionate to their numbers. In 1965, Quebec francophones were earning, on average, 35 per cent less than anglophones. More than 80 per cent of employers were anglophones. Francophone representation in the federal government and the provision of services in French outside Quebec had also been concerns for quite some time.

The Quebec nationalist movement felt that the vulnerability of the French language required it to be protected from the North American majority. Protecting the French language would also be a means of promoting it nationwide and would enable francophones to acquire economic and political control of the province.

Legislation in Quebec

The language laws in Quebec evolved gradually. (See Quebec Language Policy.) Bill 63 came into force in November 1969. It required children receiving their education in English to acquire a working knowledge of French. Bill 63 also required that measures be taken to ensure that immigrants had or acquired a working knowledge of French upon their arrival in Quebec. (See also Quebec Immigration Policy.) In 1974, the Liberal government of Robert Bourassa implemented Bill 22, which made French the official language of Quebec. The new law compelled all immigrants to Quebec to enrol in a French-language school.

A new language law was among the highest priorities of the Parti Québécois, which came to power in 1976 under the leadership of René Lévesque. In 1977, it introduced Bill 1. This bill was strongly supported by the nationalist groups and the unions, whose francophone members wished to have greater access to jobs. The PQ initiative was opposed by both the province’s business leaders and its anglophone population. This initial bill was withdrawn following pressure from the Liberal opposition, but was reintroduced as Bill 101.

Introduced by Camille Laurin, Bill 101 made French the official language of the government of Quebec and Quebec society. Instruction in French became mandatory for immigrants. This was even the case for those from other Canadian provinces. An exception was possible in the event that a ″reciprocal agreement» existed between Quebec and the province of origin.

The anglophone advocacy group Alliance Quebec was born of the ensuing conflict.

Court Challenges

A series of judgments changed the content and reduced the scope of Bill 101. In 1980, the Supreme Court of Canada nullified the section of the Charter making French the language of the National Assembly and the courts. (See Court System of Canada.) In 1984, it was ruled that Section 23 of the Canadian Charter of Rights and Freedoms limited the power conferred by Bill 101 to regulate the language of instruction (see Bill 101 Case). Thus, children who had attended an English-language elementary school elsewhere in Canada had the right to enrol in the anglophone public system in Quebec. That year as well, the Supreme Court ruled that the mandatory use of French on public commercial signage was incompatible with the right to freedom of expression. While these judgments were a source of dissatisfaction for nationalist groups, they came as a relief to the anglophone population. As one might expect, such challenges to Bill 101 were a source of concern to members of both the Parti Québécois and the Liberal Party.

In December 1988, the government of Robert Bourassa introduced Bill 178. This bill allowed bilingual public signage, but only inside businesses. To avoid any other challenges, the government invoked Section 33, i.e., the notwithstanding clause, which allowed the law to circumvent certain clauses in the Canadian Charter of Rights and Freedoms.

Other Language Provisions

In 1993, the government of Robert Bourassa introduced Bill 86. This bill allowed English on outdoor commercial signs. However, the French lettering had to be at least twice as large as the English.

During the years following the Quebec Referendum (1995), the Parti Québécois leaders were successful in containing the more radical positions regarding language policies. Despite this, in 2002, the Bernard Landry government passed Bill 104, closing a loophole providing access to English-language schools via ″bridging» schools. These schools enabled allophones and francophones to enter the anglophone public school system after studying in an English-language private school.

The Quebec Court of Appeal struck down this law in 2007, as did the Supreme Court of Canada in 2009. However, the Supreme Court of Canada gave Quebec one year to draft a new law that would comply with the Constitution of Canada. Thus, in 2010, the government of Quebec, under Liberal premier Jean Charest, introduced Bill 103. This law required at least three years of study in an English-language private school before allowing access to the anglophone public school system. Bill 115, which was subsequently passed by the Liberal government to provide a better framework for the bridging schools, was based on Bill 103.

In 2013, the Parti Québécois government introduced Bill 14, which some anglophone groups felt was worse than Bill 101. It extended the law to small businesses, in addition to revoking the bilingual status of any municipality whose anglophone population fell below 50 per cent. The bill was blocked by the opposition parties and the government eventually decided not to pursue this initiative.

Bill 96

In May 2021, the Coalition Avenir Québec government announced a major overhaul of Bill 101 via Bill 96, which became law on 1 June 2022. The Quebec government argued that it was necessary to preserve French in the province. Advocates from notably the Quebec anglophone and Indigenous communities criticized this initiative.

A series of measures were introduced. French was to become the government’s exclusive language of communication. Some exceptions were made for tourism, healthcare and for immigrants during their first six months in Quebec. Critics argued that the exception in healthcare is ambiguous while the six-month period for new immigrants is insufficient. An exception was also made for the court system; however, the law specified that judges should not be required to know any languages other than French.

Bill 96 limits the number of students able to attend English-language CEGEPs. Specifically, 17.5 per cent of students in Quebec. Moreover, students in anglophone CEGEPs would need to take more classes in French.

Companies with 25 to 49 employees also became subject to Bill 101’s policy of having French be the common language at work. Previously, this provision only applied to companies with 50 or more employees.

Controversially, Bill 96 invokes the notwithstanding clause. This allows the law to bypass certain rights guaranteed by the Canadian Charter of Rights and Freedoms. Some criticized the law for providing the OQLF with too much power to investigate if companies are using French.

Bill 86

In December 1988, Bill 178 was adopted by the Québec government after the Supreme Court found provisions of Bill 101, those regarding commercial signs and advertising, contrary to the guarantee of freedom of expression in the Charter of Rights and Freedoms. The government then had to use the notwithstanding power under this same Charter, making it clear that Bill 178 did not comply with the Charter’s provisions. This power was, however, limited as the Charter required that the legislation be re-examined at the end of a 5-year period. In fact, Bill 86, a new Act to amend Bill 101, was assented to 6 months before the December deadline, but it came into force only at that time.

Two important developments had taken place before the bill was introduced in May 1993. On 31 March the Conseil de la langue française reported on 5 questions the minister responsible for the Charter, Claude Ryan, had addressed at the end of 1992. Issues included the use of pictographs or symbols instead of languages other than French on highway signs, French-language certificates required from small businesses and the bilingual status of municipalities with a minority or reduced non-Francophone population. The most important of the issues examined, however, were the rules of access to English schools and the language of commercial signs.

Regarding access to instruction in English, no radical change was proposed to Bill 101, as it had been limited by the Supreme Court’s 1984 ruling regarding the non-applicability of the Québec clause (see Bill 101 Case). Concerning commercial signs, the Conseil suggested that private businesses be allowed to use languages other than French, conditionally to two-thirds of the space being taken up by French, but large corporations should use French only.

The adoption of Bill 178, by using the notwithstanding clause under the Charter of Rights and Freedoms, led to complaints by a Quebecker, Gordon McIntyre, to the Human Rights Committee of the United Nations. In April 1993 the Committee made public an opinion that Bill 178 violated Article 19 of the International Covenant on Civil and Political Rights in which a state, beyond the sphere of its own public action, may not restrict the freedom of expression in a language of one’s choice. In response to other parts of McIntyre’s complaint, the Committee did not consider that linguistic minorities’ right to use their own language between themselves (Article 27 of the Covenant) was challenged since «English-speaking citizens of Canada cannot be considered a linguistic minority.» Moreover, in the Committee’s opinion, the right to equality (Article 26) was not jeopardized as restrictions about commercial signs applied equally to all Québec’s residents.

Minister Claude Ryan took into account the Conseil’s report and the Committee’s opinion in preparing a new bill to be introduced on 6 May 1993. Premier Robert Bourassa stated that the government’s intention was to respect the objectives of Bill 101 while looking for a new balance that would protect French-speaking Québec in English-speaking North America and comply with the Charter of Rights and Freedoms.

As a result, Bill 86 was broader in scope than Bill 178. It enacted changes to section 73 of the Charter that would slightly ease access to English-speaking schools for children whose parents or siblings had been instructed in English. It also modified the institutional apparatus responsible for the Charter: the Commission de protection de la langue française was abolished and merged into the Office de la langue française. Sections 135 to 150 of the Charter, which dealt with programmes to promote the French language and committees to monitor language use in the work place, were revised to simplify the procedure. The essentials, however, were not compromised: «firms employing 100 or more persons must form a language committee composed of 6 persons or more.» The committee must analyse the language situation in the firm, and report to the Office. If the Office «considers that the use of French is not generalized at all levels of the firm,» the firm «must adopt a language programme» to correct the situation.

With Bill 86, section 7 of the Charter still asserted that «French is the language of the legislature and the courts in Québec,» but it specified that legislative bills and regulations will be adopted both in French and in English and that «either French or English may be used by any person in. any court of Québec.» Finally, on commercial signs, the Charter was simplified and modified to incorporate earlier decisions or opinions on Bill 101 and on Bill 178. The revised section 58 states: «Public signs and posters and commercial advertising must be in French. They may also be both in French and in another language provided that French is markedly predominant.»

These modifications made the bill constitutionally acceptable as it now complied with the Charter of Rights and Freedoms. But the changes satisfied neither radical nationalists, who oppose the watering down of provincial laws aimed at promoting the use of the French language, nor anglophones who oppose the use of French only in Québec public life. Alliance Quebec, representing English-speaking Quebeckers, organized public demonstrations to protest Québec’s language policies. A majority of the French-speaking population, however, appears to support the current language policies.

What is Bill 101?

•Bill 101 is also known as Charte de la langue Française (Charter of the French language). It is protecting and promoting the use of the French language in Quebec by prohibiting the Francophone student to go to an Anglophone school.

But even thou it says that French is the only official language in Quebec they still consider the minority group (Anglophone) in Quebec.

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