What is wrong with most laws passed in Manitoba since 1890?

peasypod

Just a stab in the dark obviously, but is it to do with bi-lingual discriminations in the statute? (French and English constitution?) Aug 06 04, 12:00 AM

gtho4

The Province of Manitoba was created as a Province of Canada by the Manitoba Act in 1870. Section 23 of that Act provides that both the English and French languages "shall be used in the respective Records and Journals" of the Houses of Legislature and that "TheActs of the Legislature shall be printed and published in both those languages". The Records and Journals of the Houses of Legislature - the Journaux du Conseil Législatif, the Journal des Votes et Procedes de l'Assemblée Législative and the Manitoba Gazette - were printed and published in both English and French from 1870 until 1890. The Acts ofthe Legislature were printed and published in both English and French from 1870 until 1890. In 1890 the Legislature of Manitoba enacted that "The English language only shall be used in the records and journals of the House of Assembly for theProvince of Manitoba" and that "The Acts of theLegislature of the Province of Manitoba need only be printed and published in the English language". Aug 06 04, 12:44 AM

gtho4

The Province of Manitoba ceased publication of the French version of Legislative Records, Journals and Acts in 1890. The 1890 Act was challenged immediatelybefore the Manitoba courts. It was ruled ultra vires in1892. Judge Prud'homme stated: Je suis donc d'opinion quele c. 14, 53 Vict. est ultra vires de la législature du Manitoba et que la clause 23, de l'Acte du Manitoba,ne peut pas être changée et encore moins abrogée par lalégislature de cette province": Pellant v. Hebert, 9 mars 1892, reported in (1981), 12 R.G.D. 242. The Legislature and Government of Manitoba ignored this ruling in that the 1890 Act remained in successive revisions of the Statutes of Manitoba; the Government did not resume bilingual publication of Legislative Records, Journals or Acts. http://www.constitutional-law.net : http://www.constitutional-law.net/ManitobaLanguageRightsReference.pdf">Manitoba Aug 06 04, 12:45 AM

gtho4

The illegality of this measure was recognized by the Supreme Court of Canada in 1979, when The Official Language Act, passed in 1890, was declared unconstitutional. The Court ruled that the laws drafted in English only were illegal, but did not indicate to the government how legislative bilingualism should be implemented. The Court made no mention either of the French-language services flowing from those laws. Subsequent to other legal challenges, the Supreme Court of Canada ruled in 1985 that all the laws of the province of Manitoba were unconstitutional because they were unilingual and granted a five-year period to translate these laws and the regulations made thereunder. http://www.gov.mb.ca/fls-slf/report/histbackgrd.html a fascinating story .. Aug 06 04, 12:45 AM