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Bilingualism battle not over says Brisson GREGG CHAMBERLAIN gregg.chamberlain@eap.on.ca
Part of the argu m ent for Galganov and Brisson in their appeal was that the b y law is ultra vires, m eaning that it exceeds the authorit y of the m unicipalit y and intrudes into either provincial or federal jurisdictions. The court dis m issed that argu m ent, stating that the wording of the b y law, including the m andator y bilingualis m clause for exterior business signs, does not exceed m unici- pal responsibilit y . Brisson expressed concern that the court’s rul- ing could have a wider i m pact on the language rights of other ethnic groups in Canada. Other m unicipalities, he said, are now free to create their own language b y laws. “The y (appeal court judges) have just allowed a m unicipal govern m ent to allow onl y two of- ficial languages to be allowed on co mm ercial signs,” Brisson said. “Ever y other one (language) can be m ade illegal. I don’t think the y under- stand the can of wor m s the y ’ve created. I’ m a francophone, y es, but I believe in individual rights first and fore m ost. We have a right to use an y language we choose.” Justice Karen M. Weiler wrote the appeal court ruling docu m ent on the case with the support of her fellow justices, Robert Sharpe and R.A. Blair. The report addresses the language rights ques- tion Brisson raised. “Choice of language is an i m portant aspect of expression,” Justice Weiler stated, referring to several precedent cases. “Although, as Brisson contends, the require m ent of joint use of French and English m ight create an additional burden for m erchants and shopkeepers, there is nothing which i m pairs their abilit y to use another lan- guage equall y . Persons engaged in co mm erce can use an y language of their choice along with French and English.” Ma y or Jean-Paul St-Pierre hopes that this lat- est court battle will be the last one between Rus- sell Township and Galganov and Brisson. “The botto m line is the three judges agreed with the previous judge that the m unicipalit y was within its rights,” Ma y or St-Pierre said. “Ev-
EMBRUN | The Ontario Court of Appeal has ruled for Russell Township and against the two men contesting the municipal signage bylaw as unconstitutional. One member of the los- ing side warns that while the municipality may have won the latest battle, it is not over. “This is not over,” said Jean-Serge Brisson, dur- ing a phone interview June 15 after the Court of Appeal docu m ents on the ruling were released. Brisson and Howard Galganov have lost the second of their court challenges to one of the sections in Russell Township’s co mm ercial sig- nage b y law. That section requires that the m ain exterior sign for an y business be in both official languages. The clause applies to new exterior signs. Existing signs m a y re m ain as is until the y are replaced when the m andator y bilingualis m clause will appl y . Galganov is an English-language rights activ- ist who m oved to Ontario fro m Québec where he was active in legal fights against language laws enacted b y the past Parti Québecois gov- ern m ent. Brisson is a francophone business m an living in E m brun and also a for m er m e m ber of the township council. The two launched and lost a Charter of Rights challenge to the co mm ercial signage b y law at the Ontario provincial court level. The judge ruled that Galganov, a non-resident, had no standing to m ake the Charter challenge. Brisson, who is a local resident and runs a business in the township, was eligible but the judge ruled that the b y law did not constitute a violation of the Charter of Rights and Freedo m s. The y filed for a review of the ruling with the Ontario Court of Appeal. The appeal court tribu- nal released its decision on June 15 and upheld the lower court’s judg m ent.
Archive photos
Jean-Serge Brisson and Howard Galgonov.
er y thing is the wa y it should have been. Hope- full y this will be the end of it.” Brisson and Galganov have a period of 60 busi- ness da y s to file an appeal to the Supre m e Court of Canada. As the federal court is in recess over the su mm er, that m eans the y m a y have until late Septe m ber or the end of October to file if the y want. “We are having a m eeting and looking at our options,” said Brisson. “We are definitel y look- ing at appealing this to the Supre m e Court of Canada.” The m a y or hopes the two will let the m atter drop instead. “Hopefull y the y don’t (appeal) and we can put this behind us,” he said. “M y general feeling is I
hope the residents co m e together and co m e to the conclusion that this is now the ti m e to put this to rest and m ove on.”
Saturdays – Samedis ( Rockdale & Devine) Info: www.vars.ca Saturdays – Samedis ( Rockdale & Devine) Info: www.vars.ca
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Félicitations à l’Acadé m ie du gour m et à E m brun qui fêtait réce mm ent son cinquiè m e anniversaire. Ci-dessus, on reconnaît l’équipe de cette entreprise, située au 993, rue Notre-Da m e : Richard Henry, Maryse Lapal m e, Marie-Anne Gougeon, Renée Rondeau et Michèle Legault. Félicitations!
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Les travau x au Centre récréatif d’E m brun sont officielle m ent ter m inés. Les m urs et le plafond ont été repeints, les salles de bain rénovées et le plancher a été refait.
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