11.2 The State party has contended that the author
is claiming violations of rights of his company, and
that a company has no standing under article 1 of the
Optional Protocol. The Committee notes that the
Covenant rights that are at issue in the present
communication, and in particular the right of
freedom of expression, are by their nature
inalienably linked to the person. The author has the
freedom to impart information concerning his
business in the language of his choice. The
Committee therefore considers that the author
himself, and not only his company, has been
personally affected by the contested provisions of
Bills Nos. 101 and 178.
French appears at least as prominently. Finally,
sections 22 to 25 provide for situations in which
public signs and commercial advertising may be
exclusively in a language other than French.
9.3 Section 68 of the Charter of the French
Language, as modified by section 22 of Bill No. 86,
now reads:
"68. A firm name may be accompanied
with a version in a language other than French
provided that, when it is used, the French version
of the firm name appears at least as prominently.
"However, in public signs and posters and
commercial advertising, the use of a version of a
firm name in a language other than French is
permitted to the extent that the other language may
be used in such signs and posters or in such
advertising pursuant to section 58 and the
regulations enacted under that section.
11.3 The Committee appreciates the State party's
information on the measures taken in respect of the
Committee's Views in communications Nos.
359/1989 and 385/1989. It does not, however, share
the State party's opinion that since the law in question
has been amended and now provides for the
possibility to use either French or both French and
another language in outdoor advertising, Mr. Singer's
claims have become moot. The Committee notes that
the court proceedings referred to in the case were
based on the Charter of the French Language in its
version then in force (Bill No. 101). The Committee
further notes that after the Supreme Court of Canada
had, in 1988, found in Mr. Singer's favour, the
contested provisions of Bill No. 101 were amended by
those of Bill No. 178. Notwithstanding, the use of
French in outdoor advertising remained compulsory.
This situation was the basis of Mr. Singer's complaint
to the Committee. That Bill No. 178 was amended by
Bill No. 86 after the Committee adopted its Views on
communications Nos. 359/1989 and 385/1989 does
not retroactively render his communication
inadmissible.
"In addition, in texts or documents drafted
only in a language other than French, a firm name
may appear in the other language only."
9.4 The Quebec authorities point out that under the
current Act and the corresponding Regulations, public
signs and posters and commercial advertising may be
displayed either in French or either both in French and
another language. They further submit that, contrary
to the situation that prevailed under the previous
legislation, sections 58 and 68 of the Charter of the
French Language, as modified by Bill No. 86, are not
protected by a derogation clause, and their
constitutional validity may thus be challenged before
the domestic courts. From the above, the authorities
deduce that the issues raised by Mr. Singer have
become moot, and that his case should therefore be
dismissed.
10.1 In his reply dated 9 June 1994, the author
submits that the question of whether he or his
company have been the victim of violations of
Covenant rights is irrelevant. He explains that for
many years, he was the main shareholder, with over
90 per cent of the shares, and that two members of
his family held the remaining shares.
11.4 In the light of the above, the Committee sees
no reason to review its decision on admissibility of
8 April 1993.
12.1 As to the merits of the case, the Committee
notes that its observations on communications
Nos. 359/1989 (Ballantyne/Davidson v. Canada) and
385/1989 (McIntyre v. Canada) apply, mutatis
mutandis, to the case of Mr. Singer.
10.2 With regard to Bill No. 178 and Bill No. 86,
the author points out that they were both adopted
after the Supreme Court of Canada had heard his
case in December 1988 and had struck down several
provisions of the Charter of the French Language; he
argues that the Quebec legislature can repeal Bill
No. 86 and reimpose Bill No. 178 at any time.
12.2 Concerning the question of whether section
58 of Bill No. 101, as amended by Bill No. 178,
section 1, violated Mr. Singer's right, under article
19 of the Covenant, to freedom of expression, the
Committee, having concluded that a State party to
the Covenant may choose one or more official
languages, but that it may not exclude, outside the
spheres of public life, the freedom to express oneself
in a language of one's choice, finds that there has
been a violation of article 19, paragraph 2. In the
light of this finding, the Committee need not address
any issues that may arise under article 26.
Review of admissibility and examination of the
merits
11.1 The Committee has taken note of the parties'
comments, made subsequent to the decision on
admissibility, in respect of the admissibility and the
merits of the communication.
82
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