Brent Tyler’s HUGE victory in winning the rights for three of his language cases to be heard by Canada’s Supreme Court, will shake Canada to its very foundation, no matter how the Court rules.
I think of the Supreme Court of Canada, somewhat as I do of the UN. Here are nine “appointed” judges (for life) who are far removed from the common person of whom they sit in judgement.
They are also the elites of the elitists. And far too often release nonsensical “intellectual” judgments that seem to make sense only to themselves.
But this time it is different.
Brent Tyler will be arguing before the Supreme Court of Canada, that Canadian children must have the right to a choice of language in education according to the Canadian Charter of Rights. The Quebec Charter of Rights and the UN Declaration of Human Rights.
If Brent Tyler is successful, the Canadian Supreme Court MUST rule against Quebec’s language law BILL 101, which DISALLOWS freedom of choice in the language of education. And if this is the case, Quebec will have just one of two choices.
1) Invoke Trudeau’s Notwithstanding Clause, just as Robert Bourassa did in 1988 with Quebec’s Bill 178, which suspended the civil rights and liberties of all Canadians living within Quebec, and face the same backlash it engendered from the rest of Canada, which killed the Meech Lake Accord, which was designed to give Quebec “Distinct Society” status.
2) Accept a positive judgement for freedom of choice. Ignore Quebec’s ethnocentric nationalists, and risk riots in the streets and the return of an even more determined Separatist movement.
Either way, I see very little room for compromise and a date with Canadian destiny. One way or another, these three cases will bring Quebec and the rest of Canada on a collision course of epic dimensions.
Canada is in the process of spending close to One BILLION dollars in the bilingualization of the nation. Even where numbers don’t merit.
This enterprise is causing more than just some anger in most parts of English Canada, certainly where there is virtually no French population, or where the French population is substantially significant to force the use of the French language at the expense of English speaking majorities. Ottawa is a perfect example.
The City of Ottawa wants to bilingualize itself completely, even though its greater French speaking population is around 30%. Yet, just across the river, literally one minute away by bridge, Quebec’s Gatineau enforces language laws which RESTRICT and deem ILLEGAL the unrestricted use of the English language.
That said; both sides of the Ottawa River are considered by Canada’s Parliament to be part of “Canada’s National Capitol Commission”. Somewhat like the “DC” in Washington DC. Talk about linguistic myopia and double standards.
If the Quebec government chooses to invoke the Notwithstanding Clause, as they did in 1988, Canada’s entire bilingualization project will crumble in disaster.
MORE THAN THAT: If Quebec once again violates civil rights and liberty by imposing the Notwithstanding Clause, the rest of Canada might very well become inclined to tell Quebec where to get off.
I can tell you without any reservation whatsoever, that the rest of Canada, away from Quebec, based upon the favored status Quebec enjoys from Ottawa, would be just as pleased to say goodbye to Quebec, than to accept more changes to Confederation because of Quebec.
And if the flighty Supreme Court of Canada comes up with some incredible reason why Canadian Children, including immigrant children within Quebec, should not have the right to choose between a French, English or bilingual education; that decision will be the same as if the Quebec government invoked the Notwithstanding Clause.
This is the REAL battle that has finally come to fruition courtesy of Brent Tyler, Canada’s last defender of Equal Rights within ethnocentric Quebec.
There is however another possibility:
The Supreme Court of Canada grants Brent Tyler a win.
The Quebec government accepts the decision, and moves to make all primary education in Quebec bilingual.
There is no sustainable outrage from the ethnocentric Québécois nationalists, and Quebec’s language laws begin to disappear.
This is “pie in the sky” sort of thinking. But then again, we’re speaking about Quebec where everything is possible.