than five persons, where such firms share, with two or more other business firms, the use of a trademark, a firm name or an appellation by which they are known to the public. The complaint 3. The author contends that Bill No. 101, as amended by Bill No. 178, is discriminatory, in that it restricts the use of English to indoor advertising and places businesses that carry out their activities in English in a disadvantageous position vis-à-vis French businesses. "The Government may, however, by regulation, prescribe the terms and conditions according to which public signs and posters and public advertising may be both in French and in another language, under the conditions set forth in the second paragraph of section 58.1, inside the establishments of business firms contemplated in subparagraphs 3 and 4 of the second paragraph. Legislative provisions 4.1 The relevant original provisions of the Charter of the French Language (Bill No. 101, S.Q. 1977, C 5) have been modified several times. In essence, however, they have remained substantially the same. In 1977, section 58 read as follows: "The Government may, in such regulation, establish categories of business firms, prescribe terms and conditions which vary according to the category and reinforce the conditions set forth in the second paragraph of section 58.1". "Except as may be provided in this Act or the regulations of the Office de la langue française, signs and posters and commercial advertising shall be solely in the official language." 4.5 Section 6 of Bill No. 178 modified section 68 of the Charter, which read: "68. Except as otherwise provided in this section, only the French version of a firm name may be used in Quebec. A firm name may be accompanied with a version in another language for use outside Quebec. That version may be used together with the French version of the firm name in the inscriptions referred to in section 51, if the products in question are offered both in and outside Quebec. 4.2 The original wording of section 58 was replaced in 1983 by section 1 of the Act to Amend the Charter of the French Language (S.Q. 1983, C-56), which read: "58. Public signs and posters and commercial advertising shall be solely in the official language. "Notwithstanding the foregoing, in the cases and under the conditions or circumstances prescribed by regulation of the Office de la langue française, public signs and posters and commercial advertising may be both in French and another language or solely in another language ..." "In printed documents, and in the documents contemplated in section 57 if they are both in French and in another language, a version of the French firm name in another language may be used in conjunction with the French firm name. 4.3 The initial language legislation was struck down by the Supreme Court in La Chaussure Brown's Inc. et al. v. the Attorney General of Quebec (1989) 90 N.R 84. Following this, section 58 of the Charter was amended by section 1 of Bill No. 178. While certain modifications were made relating to signs and posters inside business premises, the compulsory use of French in signs and posters outside remained. "When texts or documents are drawn up in a language other than French, the firm name may appear in the other language without its French version. 4.4 Section 58 of the Charter, as modified in 1989 by section 1 of Bill No. 178, read: "2. A firm name may appear solely in its version in another language, if they are solely in a language other than French." "On public signs and posters and in commercial advertising, "1. A firm name may be accompanied with a version in another language, if they are both in French and in another language; "58. Public signs and posters and commercial advertising, outside or intended for the public outside, shall be solely in French. Similarly, public signs and posters and commercial advertising shall be solely in French, 4.6 Section 10 of Bill No. 178 contained a socalled "notwithstanding" clause, which provided that: "The provisions of section 58 and of the first paragraph of section 68, brought into effect under sections 1 and 6 respectively of the present bill, shall operate irrespective of the provisions of section 2, paragraph (b), and section 15 of the Constitutional Act of 1982 ... and shall apply notwithstanding articles 3 and 10 of the Charter of Human Rights and Freedoms." "1. Inside commercial centres and their access ways, except inside the establishments located there; "2. Inside any public means of transport and its access ways; "3. Inside the establishments business firms contemplated in section 136; of 4.7 Another "notwithstanding" provision is incorporated into section 33 of the Canadian Charter of Human Rights and Freedoms, which reads: "4. Inside the establishments of business firms employing fewer than fifty but more 79