The fact we’re not having a serious conversation about the casual use of the notwithstanding clause to undermine fundamental rights is just bonkers.

By Supriya Dwivedi Contributing Columnist Toronto Star ,Sun., May 22, 2022

EXCERPT FROM ARTICLE:

It doesn’t matter which party is in power or what year it is — Quebec politicians using language strife in the province for political gain is as Quebecois as poutine itself.

As such, it is unsurprising that Quebec Premier François Legault and his Coalition Avenir Québec (CAQ) government would try and further exploit linguistic anxieties in the province for their own gain. Bill 96, formally known as “An Act respecting French, the official and common language of Québec,” was introduced in the National Assembly a little over a year ago under the guise of further strengthening French in the province.

There are multiple objectionable parts to the bill, and there are several aspects that are blatantly unconstitutional. Arguably, one of the most egregious elements is contained in provisions that relate to strengthening the powers of investigation and inspection of the province’s language police, known officially as the Office québécois de la langue française. It would allow them to enter premises other than homes or dwellings, and access any and all electronic devices and any other documents located on the premises — all subject to the whims of the individual language inspector.

If this sounds like it goes directly against Section 8 of the Canadian Charter of Rights and Freedoms, which states “Everyone has the right to be secure against unreasonable search or seizure,” it’s because that’s precisely the case. Section 111 of Bill 96 lays out this constitutional overreach very clearly, and nowhere in the bill does it further specify there would at the very least need to be a requirement of reasonable suspicion — or the need to obtain a warrant or other legal authorization — in order to enter the premises and conduct a search.