Quebec v. Blaikie, [1979] 2 S.C.R. 1016 is a leading decision of the Supreme Court of Canada

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

 on language rights in the Constitution Act, 1867

Constitution Act, 1867

The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...

. The Court held that the sections of Quebec's Charter of the French Language

Charter of the French Language

The Charter of the French Language , also known as Bill 101 and Loi 101, is a law in the province of Quebec in Canada defining French, the language of the majority of the population, as the only official language of Quebec, and framing fundamental language rights for everyone in the province...

(better-known at the time as "Bill 101"), which required that provincial laws be enacted in French only, violated section 133 of the Constitution Act, 1867.

Section 133 reads as follows:
The Court found that these requirements, apply to all legislation and regulations. On this basis, it found the restrictions placed upon English in Chapter III of Title I of the Charter of the French Language to be ultra vires

Ultra vires

Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...

the Legislative Assembly of Quebec

Legislative Assembly of Quebec

The Legislative Assembly of Quebec was the name of the lower house of Quebec's legislature until 1968, when it was renamed the National Assembly of Quebec. At the same time, the upper house of the legislature, the Legislative Council, was abolished...

.

The interpretation given by the Court to language rights was expansive in four respects:

1. Both the English and French versions of a law have official status, or else the law cannot be said to have been “enacted” in both language;

2. All subordinate legislation, including regulations, are regarded as being “laws”, and thus the versions in both languages have official status;

3. The rights of all persons to use either official language in court applies to artificial persons such as corporations;

4. “Courts of Quebec” was interpreted to include administrative tribunals and panels, in addition to oridinary courts.

Chapter III of Title I of the Charter of the French Language, entitled "The Language of the Legislature and of the Courts", reads as follows:
The Court provided the following explanation for finding the restrictions on English in these provisions to be unconstitutional:

Aftermath

Upon receiving the judgment the government of Quebec applied for a rehearing in order to get clarification on whether there were any exemptions from section 133. The policy purpose of the application was to allow the provincial government to restrict the scope of English-language services as much as possible, without violating section 133. Two years later the Court handed down its decision in Quebec (Attorney General) v. Blaikie (No. 2) (1981), clarifying that municipal governments, which are creatures of the provincial government, are nonetheless not constitutionally obliged to conduct their proceedings or to produce bylaws in both languages.