Howard Galganov / Jean Serge Brisson Charter Rights case decision Thursday – CFN Exclusive

Howard Galganov / Jean Serge Brisson Charter Rights case decision Thursday – CFN Exclusive
The unrestricted use of the English language is now illegal!

CFN – Human rights activist Howard Galgalnov advised Cornwall Free News that he’s been informed that at 10 AM  on Thursday, December 6th, the Supreme Court will announce via EMAIL whether they will or will not give LEAVE to hear the case that he and Jean Serge Brisson are presenting.  The two are asking the court to uphold their Charter Freedom of Expression, that a Superior Court judge ruled could legally be trampled on.  They’re asking the court to respect all Canadians’ right to post commercial signs in any language of their choosing, rather than allowing individual municipalities, like Russell Township, to impose a form of forced bilingualism.

Viewers may be interested to know that Canadians for Language Fairness spokesperson Beth Trudeau reports that one or more Russell Township Francophone businesses have apparently found a way around the bylaw by claiming that, since they’re funded with tax dollars BECAUSE they’re a Francophone group, they are exempt.  In other words, Anglophones must abide by imposed bilingualism, but some French businesses do not.
La Maison des Arts in Embrun feels that they are exempt from Russell Township’s imposed bilingualism sign bylaw because they receive tax dollars to promote Franco culture.
The following is from Galganov’s press release.
The three Judges who will make that decision are:
Justice Michael Moldaver is a Conservative appointee of Steven Harper, originally from Peterborough who came under considerable criticism from French Activists because he cannot speak French. What is not in our favor, is that he does not like overturning legislation. But, at the same time, he is a strict Constitutionalist who does not favor people who play fast and loose with the Charter of Rights and Freedoms.
Justice Marshall Rothstein is from Winnipeg, who was also appointed be Steven Harper. And like Moldaver, he cannot speak French, and was pilloried in the press (English and French) and by the NDP for “reneging on a promise to become bilingual”, even though Rothstein says that there never was such a promise.
It is because of Rothstein, French language Activists are demanding that all future Supreme Court appointees be 100% bilingual.
Rothstein’s biography indicates that as a Jurist, he was active with the Manitoba and Canadian Human Rights Commission. That said, if he was appointed by Harper, it is more likely than not that he is a Conservative.
Justice Maurice Fish is from Montreal, who has an extensive and celebrated record in Criminal law. He was appointed to the Supreme Court as one of the last Prime Ministerial Acts by Jean Chretien. He is fluently bilingual and is considered to be fair, very smart and tough-minded.
Here is how the appeal works:
We are asking for three of the rulings to be appealed.
1 – My status of STANDING.
The very good news here, is that in September 2012, the FULL Supreme Court, including the three aforementioned Judges ruled unanimously in an almost identical case as mine concerning STANDING, that people in my position do indeed have standing based upon nearly identical criteria as mine.
But, even before this particular Supreme Court Ruling, our lawyers (Bickley, Gowlings and Reynolds) were 100% convinced that under previous jurisprudence . . . that I indeed had standing.
2 – SECTION 2b . . . Whether the Ontario Municipal Act gave the RIGHT of municipalities to pass bylaws infringing upon Constitutional Rights as part of their authority. We argued that the municipalities have the right to legislate signs in terms of size, position and other physical attributes, but according to the Charter of Rights and Freedoms, NOT to dictate the message that goes on the sign or in which language.
All four Judges (Metivier and the three Appeal Court Judges) admitted that Section 2b was indeed violated by Russell’s FORCED Bilingual Sign Law.
Therefore, we contend that forcing one person to use the language of another person in any means, including upon signs is ULTRA VIRES (beyond the jurisdiction) of a municipality, otherwise, where are the limits of Municipalities when it comes to passing bylaws?
3 – Section 1 . . . The four Judges ruled that Jean-Serge Brisson’s RIGHTS were not violated by the Russell Bylaw, even though, as a French Speaking Canadian, his RIGHTS to post a sign ONLY in his language is now ILLEGAL as a result of the Russell law.
The most interesting aspect of this finding by the four Judges, is that even though a Section 1 argument was never really articulated by Casa on behalf of Russell, they favored the Russell Bylaw because it was the right thing to do. Our question is this . . .
What in law justifies their decision that it was the right thing to do?
CONCLUSION:
The way that I understand it . . . if just one of these three issues is accepted by just one of the three Judges, we will get LEAVE from them to hear our FULL Appeal.
I have no idea or feeling that we will be successful or not. So, just like all of you, my fingers are crossed in anticipation. But, whichever way it goes, everyone who has had any hand in making this defense possible should be VERY proud.
Don Smith reports on a variety of topics, notably good news items as well as social justice issues.

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78 Comments on "Howard Galganov / Jean Serge Brisson Charter Rights case decision Thursday – CFN Exclusive"

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stellabystarlight
Guest
Good idea…..bon voyage, adios!!!! Actually legislation is not the problem…..the problem lies with people who think they can rule our country. It sorta kinda reminds me of groups in the Middle East. It was brought up a year ago that all this gang wanted to do was seperate this country…..even though they denied it, they proved our allegations to be right. They are pushing for Quebec to seperate. This excuse of people not getting gov jobs is hogwash……again only so many available jobs to go around especially with all the cutbacks….as for signs, no one cares but this gang. If… Read more »
c`est drole
Guest
Is it not interesting that this “maladroit” idea of freedom of expression and anti bilingualism in all facets of Canadian rights forgets a basic tenet of democracy. that any majority has a responsibility to sustain and respect minorities. I think Canada is the most democratic nation on the planet …and am proud to be Canadian.I consider it a privilege…. making it a better place for all is a noble idea but making it a better place for one majority rule only is not a better idea.\it takes away any motivation to improve ourselves in our own borders and on the… Read more »
bella-b
Guest

STELLA!

if language on a sign isn’t a big deal then how do you explain this??

http://montreal.ctvnews.ca/walmart-old-navy-and-others-taking-quebec-government-to-court-over-language-laws-1.1049032

stellabystarlight
Guest

c’est drole……you go girl!!! Well said and very enlightening. What you bring up is true democracy!!!! I also love this country and all it’s provinces alike. We are envied around the world and shine because of our peaceful nation. Let’s keep our country united and free!!!! Who needs radical activists around to ruin what we have.

edudyorlik :-)
Guest

ON December 7, 2012 at 9:31 am
c`est drole wrote, “Is it not interesting that this “maladroit” idea of freedom of expression and anti bilingualism in all facets of Canadian rights forgets a basic tenet of democracy. that any majority has a responsibility to sustain and respect minorities.”

Why the hell is it that this kind of spew always seems to come from the very people/group who practice it the least?

highlander
Guest

c`est drole December 7, 2012 at 9:31 am,

If this really was to protect a minority language how about the number of native languages about to go extinct?why not have their langauge protected through legislation and billions as well?

So is it really about protecting a language when around 30 native languages are about to go extinct in Canada?

What their language is not as important to protect then French?
Who says so?

Cory Cameron
Guest
One stated in an earlier post this morning, “Actually legislation is not the problem…..the problem lies with people who think they can rule our country.” I’m not sure about my compatriots as they will have to respond themselves and I cannot speak for them however ruling anything let alone a country is the absolute last thing on my mind to say the least… How about a nice, comfortable job that offers a reasonable living without an advanced knowledge of one ‘specific’ minority language? How about posting a sign in my native tongue without it being against the law? “It sorta… Read more »
c`est drole
Guest
highlander Why bring up that question?..The First nations are excercising their own sovereignty quite well … they are using the courts to establish boundaries and are gaining new powers everyday to encourage their own ways… language is developing.. nothing the stops them from doing so.,,, if you follow mr Paul Martin`s latest politcal message it is to encourage more education for First nations,.. that is up to each sovereign nation to decide..it is not up to you or your message or anyone else but them and there future How far could they go with that if another small group like… Read more »
Eric
Guest
stellabystarlight, I don’t think these people are radical activists, they are just taking a page from your Francophone association, know which one? I really like how they tell us there is a French Ontario. Living in French in daily Living in French in daily means, among other things, each of us: Speak French and ask to be served in French in the major shopping areas of the National Capital and Counties of Prescott and Russell. Ask to be served in French when we address the various federal and provincial departments. Ask to be served in French regarding all health services.… Read more »
Cory Cameron
Guest
Highlander, I admire your steadfastness on describing native languages in Canada and their preservation. I totally agree with you on that as well that money spent on bilingualism should be re-routed instead on native languages for their preservation… In addition to this, many of our Aboriginal communities including reserves in the far north have less than adequate housing, water supplies. I will provide an article that highlights these issues. As Canadians and taxpayers, I think we need to ask ourselves if we have our priorities in order when we financially support the French language to the tune of billions a… Read more »
stellabystarlight
Guest

If you want to talk dollars and cents…….how much did it cost the tax payers for the gov to fight the g and his gang over the nonsense in Russell? Had the savior won his appeal, and this dragged on for another 5 years……tax dollars would not be a problem for you guys……hell no!!!!

c`est drole
Guest

Maybe 40,000,000,0000for for f35 fighter jets could help more people too ….the situation for the northern First nations is atrocious but why do you always blame the “french”? c.

Cory Cameron
Guest
Eric, perfect example of this type of behaviour. See below, I have augmented your posting to substitute the word ‘French’ for ‘English’ Let’s see what kind of responses it generates. I think Quebec-based English language Right’s Groups should use this too. See Below: Living in English in daily Living in English in daily means, among other things, each of us: Speak English and ask to be served in English in the major shopping areas of the National Capital and Counties of Prescott and Russell. Ask to be served in English when we address the various federal and provincial departments. Ask… Read more »
Cory Cameron
Guest

C’est Drole wrote,

“Maybe 40,000,000,0000for for f35 fighter jets could help more people too”

I think what you meant to say is that instead of spending 40 billion on F-35 fighter jets the money could be better spent on helping people in Canada?

If this is what you meant to say then absolutely I would agree with you. That 40 billion could go a long way in helping working class and poor Canadians. Nice idea, C’est Drole!

bella-b
Guest

stella, would you please answer the question? You continue to ignore it and I don’t understand why. so, for you agian….

if language on a sign isn’t a big deal then how do you explain this??

http://montreal.ctvnews.ca/walmart-old-navy-and-others-taking-quebec-government-to-court-over-language-laws-1.1049032

highlander
Guest

c`est drole December 7, 2012 at 4:21 pm
Maybe 40,000,000,0000for for f35 fighter jets c
Too many zeroes bud do a recount!

Try 3,100,000,000,000 yes 3.1 trillion for bilingualism for a net increase of 0.45%.

Pierre
Guest

Bella-b May
I’ll answer your question for
stella? Wallmart (and others) may fight 101 but should they’ll loose because the law is constitutionnal.,

c`est drole
Guest
@highlander made up numbers by questionnable dubious and exaggerated creative accounting does not count…. 40,000,0000,000 dollars for jets that won`t work in cold weather? actual documented reports by auditor general of the projected costs at the current rates for the next 20 years?? publish the 2 pamphlets about anti-franco ontarian sentiment publish on line no editing…than we`ll discuss your freaky made up numbers… millions spent on leaking subs (bought from UK)…flying in special cars from canada to India because the PM did not like the cars provided.. a million at least…soooo it is not the “french” people making the country… Read more »
stellabystarlight
Guest

Eric between you and I and the fence post……I do think your post is somewhat extreme and exagerated.

As if one can’t speak their mother tongue in Ottawa. Good grief……give me a break. Pousse mais pousse egale.

edudyorlik :-)
Guest
Re: POST by Pierre on December 7, 2012 at 6:54 pm Actually Pierre, The “law” (101) — if you wish to call it that. I prefer something more on the lines of the forced indoctrination agreement that approx 12 people came up with and no one else will now accept any part of in that province as i don’t know how may times i have heard. Oh, it’s only a few radicals over there pushing for these things. — actually has ZERO provision for trade marked big store names. They were exempt when “that law” was written. Quebec, (as they… Read more »
edudyorlik :-)
Guest

PS:
I forgot.

Have a nice day eh 🙂

And — Go bella-b go… 🙂

edudyorlik :-)
Guest
I can’t believe it. Drole. You are making good points. Re: c`est drole post on December 7, 2012 at 7:18 pm Yes, you are right (imagine that) there is lots of waste going on in this country. Besides wasting tons of money on this French bilingualism issue we come to my second all time annoying pet peeve … Government waste. Imagine that, they are closely connected. Money for this, waste on that, spending here and there etc etc etc.. waste waste waste. Then they come asking us tax payers for more. I say, what do we need to learn French… Read more »
Highlander
Guest
Pierre December 7, 2012 at 6:54 pm Wallmart (and others) may fight 101 but should they’ll loose because the law is constitutionnal., Trademarks are a powerful international law -Has these companies changed their name in china/Germany ect -Wallmart is international the only jurisdiction that has pushed for name change is Quebec . Either way Quebec and their Language laws will loose -First -recognizable trade .Quebec will certainly loose . 2nd -It will show to the rest of the world the ethnocentric Francophones in Quebec with their Ethno-phobia of other cultures and languages. Canada will have mud on their face as… Read more »
bella-b
Guest

Stella,

Please answer the question? You continue to ignore it and I don’t understand why. so, for you agian….

if language on a sign isn’t a big deal then how do you explain this??

http://montreal.ctvnews.ca/walmart-old-navy-and-others-taking-quebec-government-to-court-over-language-laws-1.1049032

stellabystarlight
Guest
yorlik….who are you to tell Pierre or anyone else to stay out of the discussion? Your english mentality of segrating others is very obvious by that comment. Isn’t this a open forum? Thinking Pierre or anyone else here has the right to respond to any comment. If the adm. has a problem with that, I am sure he would let us know……got that? As for your remark to Pierre about “let stella answer for herself” Let me assure you that stella is quite capable of answering for herself. I think it was quite obvious that I chose to ignore the… Read more »
bella-b
Guest

We all know you are capable, but the curiosity level of all is rising at your reluctance to answer a simple question.

if language on a sign isn’t a big deal then how do you explain this??

http://montreal.ctvnews.ca/walmart-old-navy-and-others-taking-quebec-government-to-court-over-language-laws-1.1049032

highlander
Guest

stellabystarlight December 8, 2012 at 9:52 am

Why after asked 3 times by bella-b December 8, 2012 at 8:20 am

if language on a sign isn’t a big deal then how do you explain this??

http://montreal.ctvnews.ca/walmart-old-navy-and-others-taking-quebec-government-to-court-over-language-laws-1.1049032

Simple enough to answer right folks?
But obviously avoided!

concerned citizen 2
Guest

Highlander said to Stella,

“Why after asked 3 times by bella-b December 8, 2012 at 8:20 am

if language on a sign isn’t a big deal then how do you explain this??

http://montreal.ctvnews.ca/walmart-old-navy-and-others-taking-quebec-government-to-court-over-language-laws-1.1049032

Simple enough to answer right folks?
But obviously avoided!”

EDUDYORLIK time to cue the crickets…..

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