The Committee's decision on admissibility
of procedure, only individuals may submit a
communication to the Human Rights Committee.
With reference to the Committee's jurisprudence,3
the government of Quebec submits that a company
incorporated under Quebec legislation has no
standing before the Committee.
7.1 During its forty-seventh session and after the
Committee had adopted its Views in respect of
communications Nos. 359/1989 and 385/1989,2 in
which similar issues were raised, the Committee
considered the admissibility of the communication.
It disagreed with the State party's contention that
there were still effective remedies available to the
author. In this context, it noted that in spite of
repeated legislative changes protecting the visage
linguistique of Quebec, and despite the fact that
some of the relevant statutory provisions had been
declared unconstitutional successively by the
Superior, Appeal and Supreme Courts, the only
effect of this had been the replacement of these
provisions by ones that are the same in substance as
those they replaced, but reinforced by the
"notwithstanding" clause of section 10 of
Bill No. 178.
8.2 With regard to the author's claim under
article 26 of the Covenant, reference is made to the
Committee's
findings
in
communications
Nos. 359/1989 (Ballantyne/Davidson v. Canada) and
385/1989 (McIntyre v. Canada); the Committee
concluded that sections 1 and 6 of Bill No. 178 were
compatible with article 26 of the Covenant.
9.1 The government of Quebec further refers to
the information provided pursuant to the
Committee's request for relevant measures taken in
connection with the Committee's Views in
communications Nos. 359/1989 and 385/1989. It
points out that sections 58 and 68 of the Charter of
the French Language, on which the present
communication is based, have been amended by
Bill No. 86, entitled Act to Amend the Charter of the
French Language (Loi modifiant la Charte de la
langue française) (L.Q. 1993, c.40; projet de loi 86),
which was adopted on 18 June 1993 and entered into
force on 22 December 1993. Section 58 of the
Charter of the French Language, as modified by
section 18 of Bill No. 86, now reads:
7.2 As to whether a declaratory judgement
declaring Bill No. 178 invalid would provide the
author with an effective remedy, the Committee
noted that such a judgment would leave the Charter
of the French Language operative and intact, and
that the legislature of Quebec could still override any
such judgement by replacing the provisions struck
down by others substantially the same and by
invoking the "notwithstanding" clause of the Charter
of Rights and Freedoms.
"58. Public signs and posters
commercial advertising must be in French.
7.3 The Committee considered that the author had
made a reasonable effort to substantiate his
allegations, for purposes of admissibility. Although
the author had specifically challenged only
Bill No. 101, which was amended by Bill No. 178 in
1988, the Committee found that it was not precluded
from examining the compatibility of both laws with
the Covenant, as the central issue, language-based
discrimination in commercial outdoor advertising,
remained the same.
"They may also be both in French and in
another language provided that French is markedly
predominant.
"However, the Government may determine
by regulation, the places, cases, conditions or
circumstances where public signs and posters and
commercial advertising must be in French only,
where French need not be predominant or where
such signs, posters and advertising may be in
another language only."
7.4 On 8 April 1993, therefore, the Committee
declared the communication admissible.
9.2 The Quebec Regulations on the Language of
Commerce and Business (Réglement sur la langue
du commerce et des affaires) entered into force on
22 December 1993; the exceptions mentioned in the
third paragraph of section 58 are spelled out in
sections 15 to 25 of the Regulations. It is submitted
that only in two well-defined situations, the
commercial advertising of a firm must be
exclusively in French. Furthermore, sections 17 to
21 cover situations in which public signs and posters
and commercial advertising may be displayed both
in French and in another language provided that
State party's further information and observations on
the admissibility and on the merits of the
communication, and the author's comments thereon
8.1 Under cover of a note dated 4 May 1994, the
State party forwards a submission from the
government of Quebec, dated 21 February 1994, in
which it submits that the author claims before the
Committee violations of rights enjoyed by his
company "Allan Singer Limited". It notes that under
article 1 of the Optional Protocol to the Covenant
and paragraph (a) of rule 90 of the Committee's rules
2
and
3
Ibid., Forty-fourth Session, Supplement No. 40
(A/44/40), annex XI.M, communication No. 361/1989 (A
publication and printing company v. Trinidad and
Tobago), declared inadmissible on 14 July 1989, at the
Committee's thirty-sixth session, para. 3.2.
See note 1.
81
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