Opinion: Housefather stood as much as Ottawa's language invoice. Will the Senate?

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I wrote to Anthony Housefather after the vote on Invoice C-13, the brand new federal language laws, to thank and congratulate him for his lone brave and principled stand within the face of overwhelming odds. I identified that one vote out of over 300 could not depend mathematically, however that its weight as an expression of democratic dissent is all of the extra exemplary and significant. He deserves our gratitude and admiration for his stand.

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Everyone knows of incidences in our personal lives and in historical past the place lone dissenters weren’t solely decried however at instances even punished and jailed for his or her minority opinions and opposition, however subsequently confirmed proper by the unfolding of occasions. Certainly, majority opinions and choices usually are not inevitably even handed or equitable, and for this reason democratic and open societies not solely permit dissent, however open the way in which for redress earlier than our courts of legislation.

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Within the case of Invoice C-13, Housefather justifiably argues that by importing into this federal statute provisions of Quebec’s Invoice 96, which applies the however clause to shelter it from courtroom redress and to nullify the appliance of Constitution of Rights ensures, a critical and damaging constitutional precedent is being created. That is the explanation why he proposed amendments to take away from Invoice C-13 all references to Invoice 96. His is much from being a solitary opinion. Various credible authorized minds and constitutional consultants have joined minority-community voices in strongly expressing the identical cautionary recommendation.

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It defies each logic and understanding that not solely the federal authorities — the central and supreme trustee and protector of minority rights — however all fundamental federal events glibly settle for the however clause being imposed on it by a provincial statute, thereby stopping its residents from official redress earlier than the courts and the invocation of Constitution rights.

Official dissent in the case of any challenge involving language at all times comes with a heavy worth — that of being branded as opposing the promotion of French, and being disloyal to Quebec. This characterization is just not solely glib and superficial, however unjustified and unfair. I occur to know Housefather and most of the opponents of Invoice 96 and Invoice C-13. All with out exception totally endorse, as I do strongly, the vitality and enhancement of French, whereas being loyal and contributing residents of each Quebec and Canada.

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The Senate was designed as a chamber of sober second thought, and for this very cause not subjected to electoral constraints and pressures, and thus capable of study Home laws with the utmost openness and impartiality. I earnestly ask our senators to think about judiciously and objectively the arguments of Housefather and of these of us who’ve expressed sturdy reservations in regards to the introduction of Invoice 96 references into Invoice C-13, and its critical constitutional impacts. An easy answer could be to go amendments eradicating references to Invoice 96 from the federal invoice, which under no circumstances would detract from its central goals.

As I pay tribute to Housefather for his stand, I’m reminded of one other dissenting voice in regards to the introduction of the however clause into the Structure Act of 1982. The late eminent lawyer Morris Manning in his subsequent evaluation of this provision wrote these prophetic phrases 40 years in the past: “If our freedom of conscience and faith could be taken away by a legislation which operates however the Constitution, if our rights to life and liberty could be taken not in accordance with the ideas of elementary justice, what freedom do we’ve got?”

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The however clause is a blot on our Structure, and we must always all firmly oppose its informal and unjustified use in any laws, whether or not federal or provincial. It shouldn’t have any place in a democratic and open society that values elementary rights for all its residents. Because of this I applaud Housefather for standing tall.

Clifford Lincoln resigned from the Quebec cupboard in 1988 over the usage of the however clause in Invoice 178. He later served as a federal MP. He lives in Baie-D’Urfé.