Ballantyne, Davidson, McIntyre v. Canada
Encyclopedia
Ballantyne, Davidson, McIntyre v. Canada (Communications Nos. 359/1989 and 385/1989) was a case on Quebec's language law decided by the Human Rights Committee
of the United Nations
in 1993.
and Huntingdon, Quebec
, challenged sections 1, 6 and 10 of Bill No. 178 (amendments to the Charter of the French Language
) enacted by the government of Quebec in 1988. They alleged to be victims of violations of articles 2, 19 (freedom of expression), 26 (ban of discrimination) and 27 (minority rights) of the International Covenant on Civil and Political Rights
by the Federal Government of Canada and by the Province of Quebec, because they were forbidden to use English in advertising or in the name of their firms.
Article 26: since "This prohibition applies to French speakers as well as English speakers, so that a French speaking person wishing to advertise in English, in order to reach those of his or her clientele who are English speaking, may not do so", no discrimination was found.
Article 27: HRC considered that English-speaking people in Quebec are not entitled to minority rights, since "English speaking citizens of Canada cannot be considered a linguistic minority".
Birame Ndiaye filed a dissent, too, referring to Article 27 as protecting French linguistic minority in Canada and considering the limitations to freedom of expression justifiable by protecting Article 27 rights.
Kurt Herndl filed a partly concurring and partly dissenting opinion, considering that rights in question had concerned only Article 19, not Article 27. He also questioned status of victims of Mr. Ballantyne and Ms. Davidson.
Bertil Wennergren filed a concurrence, considering that "prohibition to use any other language than French for commercial outdoor advertising in Quebec does not infringe on any of the rights protected under article 27".
Elizabeth Evatt
, Nisuke Ando, Marco Tulio Bruni Celli and Vojin Dimitrijevic filed a concurrence stating that the term "minority" shouldn't be interpreted "solely on the basis of the number of members of the group in question in the State party".
Human Rights Committee
The United Nations Human Rights Committee is a United Nations body of 18 experts that meets three times a year for four-week sessions to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights,...
of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
in 1993.
Facts
Three English-speaking Quebecers: John Ballantyne, Elizabeth Davidson, and Gordon McIntyre, who owned businesses in Sutton, QuebecSutton, Quebec
Sutton is a town situated in southwestern Quebec. It is part of the Brome-Missisquoi Regional County Municipality in the administrative region of the Montérégie. The population as of the Canada 2006 Census was 3,805...
and Huntingdon, Quebec
Huntingdon, Quebec
Huntingdon is a small town in Huntingdon County in the Haut-Saint-Laurent Regional County Municipality and the Montérégie region of the province of Quebec, Canada. The population as of the Canada 2006 Census was 2,587...
, challenged sections 1, 6 and 10 of Bill No. 178 (amendments to the 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...
) enacted by the government of Quebec in 1988. They alleged to be victims of violations of articles 2, 19 (freedom of expression), 26 (ban of discrimination) and 27 (minority rights) of the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
by the Federal Government of Canada and by the Province of Quebec, because they were forbidden to use English in advertising or in the name of their firms.
Human Rights Committee views
Article 19: a violation was found, since "State may choose one or more official languages, but it may not exclude, outside the spheres of public life, the freedom to express oneself in a language of one's choice".Article 26: since "This prohibition applies to French speakers as well as English speakers, so that a French speaking person wishing to advertise in English, in order to reach those of his or her clientele who are English speaking, may not do so", no discrimination was found.
Article 27: HRC considered that English-speaking people in Quebec are not entitled to minority rights, since "English speaking citizens of Canada cannot be considered a linguistic minority".
Separate opinions of HRC members
Waleed Sadi filed a dissent, considering that domestic remedies weren't exhausted by authors before appealing to Human Rights Committee.Birame Ndiaye filed a dissent, too, referring to Article 27 as protecting French linguistic minority in Canada and considering the limitations to freedom of expression justifiable by protecting Article 27 rights.
Kurt Herndl filed a partly concurring and partly dissenting opinion, considering that rights in question had concerned only Article 19, not Article 27. He also questioned status of victims of Mr. Ballantyne and Ms. Davidson.
Bertil Wennergren filed a concurrence, considering that "prohibition to use any other language than French for commercial outdoor advertising in Quebec does not infringe on any of the rights protected under article 27".
Elizabeth Evatt
Elizabeth Evatt
Elizabeth Andreas Evatt, AC , an emminent Australian reformist lawyer and jurist who sat on numerous national and international tribunals and commissions, was the first Chief Judge of the Family Court of Australia, the first female judge of an Australian federal court, and the first Australian to...
, Nisuke Ando, Marco Tulio Bruni Celli and Vojin Dimitrijevic filed a concurrence stating that the term "minority" shouldn't be interpreted "solely on the basis of the number of members of the group in question in the State party".