Judge dismisses second request to quash lawsuit against GG appointment

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OTTAWA — A Quebec judge has ruled that a lawsuit seeking to rescind the appointment of Governor General Marie Simon should be heard in court because she does not speak French, rejecting the federal government’s second attempt to dismiss the case.

The ruling is another small legal victory for groups fighting for more language rights in Quebec, who argue Simon’s appointment is unconstitutional.

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Two years ago, two French-language advocacy groups and two individuals sued the federal government, alleging that the 2021 appointment of Simon as governor general violated the constitutional obligation to speak bilingualism. Simon, an Inuit and Canada’s first Indigenous governor general, speaks English and Inuktitut but not French. Her appointment broke with a long tradition of Canada’s governor general speaking both official languages.

“The applicants seek to set aside the appointment of Her Excellency Marie Simon as Governor General of Canada because they claim that, under the Charter of Rights and Freedoms, a person holding that office must be able to communicate in both French and English,” Judge Marie-Hélène Dube wrote in her ruling on Monday.

Specifically, the groups argue that Simon’s inability to speak French violates two provisions of the Charter: the equal status of French and English in Canada, and the right to receive services in federal institutions in either official language.

Dube rejected the federal government’s second attempt to dismiss the lawsuit before it is filed, CBC News first reported.

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In November, government lawyers argued that the lawsuit should be thrown out because “it has no merit and therefore no chance of success.”

They also argue that the applicants, the Association for Individual Rights and Collective Defense of Quebec (ADDICQ), a Quebec judge and two individuals should not have legal standing.

“The applicants’ position is that the sovereign can only appoint a governor general who speaks both of Canada’s official languages, and the constitutional provisions they invoke do not support that position,” government lawyers wrote in their arguments.

They added: “The report of the advisory panel set up to select the Governor General and the Prime Minister’s recommendation on this appointment are not subject to judicial review.”

But Dube rejected the government’s request, saying there was “insufficient evidence” to show the case had no merit. Instead, she said it was prudent to have the case heard in full.

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She also found that one of the applicants, Étienne-Alexis Boucher, had legal standing because of his Canadian citizenship, but called on the ADDICQ and the Quebec Justice Bureau to revise their submission within 30 days to prove its relevance to the case.

In June 2023, another Quebec Superior Court judge rejected the federal government’s request that the case should be dismissed because it should have been brought in federal court.

Justice Catherine Piché wrote that the high court had jurisdiction to hear the case and rejected arguments that the issue fell squarely within the federal court’s jurisdiction.

In a statement, ADDICQ chairman said:Daniel Turp, a constitutional law professor and former politician, called on the federal government to stop “wasting” taxpayers’ money by trying to dismiss the lawsuit and instead argue the case on its merits.

“This is the second time that the Attorney General of Canada has attempted to avoid addressing the merits of the case. This is the second time that the judiciary has closed the door on him and confirmed that the issue of the Governor General’s official bilingualism is a legitimate legal issue that must be heard,” Toope wrote.

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When she was appointed governor general in 2021, Simon admitted that she did not speak French but promised to start language courses as soon as possible. She explained that she was educated at a federally run day school in northern Quebec, which did not offer French courses.

Her appointment was widely celebrated in English Canada but caused some unease in Quebec.

Official Languages ​​Commissioner Raymond Teborg subsequently received 1,341 complaints against Simon’s appointment, but ultimately ruled in November 2021 that the complaints were without merit. According to Canadian Broadcasting Corporation.

Mr Teiberg concluded that the decision to appoint Mary Simon was ultimately made by the prime minister, who was not a “federal body” subject to the rules of the Official Languages ​​Act.

National Post

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