On October 15, 2024, the Superior Court of Quebec dismissed a motion by an alliance of 23 municipalities with bilingual status from across Quebec asking the Court to suspend certain articles of Bill 96—until the legal challenge can be heard on its merits.
The Hon. Justice Conte J.C.S. determined that on the balance of inconveniences, Bill 96 does not cause more irreparable prejudice to the Plaintiffs than to the Government if the suspension is not granted. This is a difficult criterion to achieve, and suspensions are only usually granted in exceptional cases.
The Court did not agree with the Plaintiffs’ contention that the violation of the rights of bilingual municipalities, exercised over the past 100 years, justified the suspension of the law. However, the Court did find that the contract question and the search and seizure question do raise serious concerns.
In general, the Plaintiffs were arguing that Law 96 creates uncertainty as to which rights have primacy when it comes to the special status regime of municipalities with bilingual status and which services should be provided exclusively in one or both languages.
The motion to suspend covered areas including contracts and communications, illegal searches and seizures, the potential loss of government grants, and the obligation to discipline employees.
The Plaintiffs will review the decision and weigh their options. Plaintiffs have 30 days to appeal the decision.