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.

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

  1. stellabystarlight   December 7, 2012 at 8:56 AM

    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 you came up with better ideas that would benefit all perhaps you would be taken more seriously. When an ordinary citizen decides to start up a group because they are not happy with something, why do they think they can control and dictate? If you want to rule, MOVE to another country.

    Thinking

  2. c`est drole   December 7, 2012 at 9:31 AM

    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 world stage and denies the right of order and compromise among the many minorities within our own borders.tax collecting from any minority slides into becoming the property of a dictatorship of one rule for all .. No Canada is Sovereign and rules its own destiny …that the stars for a voting democracy ….everyone does not have to agree all the time and the right to express that is already allowed .. I`ll choose Canada to live in anyday over the other choices out there..

  3. bella-b   December 7, 2012 at 10:04 AM

    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

  4. stellabystarlight   December 7, 2012 at 1:29 PM

    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.

  5. edudyorlik :-)   December 7, 2012 at 1:55 PM

    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?

  6. highlander   December 7, 2012 at 2:35 PM

    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?

  7. Cory Cameron   December 7, 2012 at 2:37 PM

    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 kinda reminds me of groups in the Middle East.”

    So this person compares peaceful demonstration groups that advocates for fair government hiring practices and the ability to post signs in whatever language to Middle Eastern groups that commit acts of terrorism and murder? So far off the page I say. This person sounds as if they are describing the FLQ or perhaps other more modern groups in Quebec rather than FLA or CLF.

    “This excuse of people not getting gov jobs is hogwash”

    Of course it is! One doesn’t need French for a government job, right? I mean it’s just make believe that we see postings requiring the use of French for jobs now. It’s a conspiracy. The jobs really don’t require French nor are they listed as such…

    You only see what you want to see/read. I wish I had that kind of gumption and perhaps if I saw things with those blinders on that you have I would be a happier person.

    “If you came up with better ideas that would benefit all perhaps you would be taken more seriously.”

    Already have listed those as well. How about the billions spent on a select few for the purpose of bilingualism to instead be spent on crumbling infrastructure, healthcare, social service programs and housing.

    I even suggested having kids from French high schools to be dispersed amongst the community to help those non-Francophones with the issue of French if needed. This would save millions on needless translation issues. Not only this but the kids need 40-50 hours of community service anyway. They could go to nursing homes. Let’s remember that the best way to learn a language is to converse with someone in that language. Why not this idea if French is to be pushed anyway.

    There is a problem whenever I can pick apart someone’s argument sentence by nitwit sentence. I hope CFN viewers can see this.

  8. c`est drole   December 7, 2012 at 2:53 PM

    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 yours of anti language radicals wanted just one language only to take priority in every aspect of life? university is available and there is even a University in regina specifically for First mnations students and new programs are being developed for Aborignal designs of education.. your comparison is wrong..

  9. Eric   December 7, 2012 at 3:54 PM

    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.
    Intervene with government agencies where there are gaps in the provision of services in French.
    Support our French-language schools.

    Set an example for us by our habits and our daily conversations.
    Subscribe to and read as a family, our only daily newspaper, Le Droit, our weekly French and other periodicals.
    Regularly attend and support our school libraries and municipal promote French-language books and ensure their availability.
    Support our authors, publishers and libraries by purchasing their books locally.
    Encourage our many Franco-Ontarian artists by buying their records.
    Buy the works of many artists from us.
    Attend plays and other events in our cultural centers and other Francophone organizations.
    Watch DVD movies or French. Require their availability in shops.
    Constantly use French at home, in the office, with friends.
    Watching TV and listening to radio in French.

    Complaining is not crying

    In Ontario, Francophones are entitled to services in French from the departments or agencies of the federal, provincial and municipal services in designated areas. When our language rights are not respected, when we can not deal with these departments and agencies in French, we have the right to complain. This law applies to any person located in French Ontario.

    Ask also to be served in our mother tongue. Businesses, for example, should make every effort to serve our customers in their own language, whether in the field of customer service or documentation. ASK FRENCH.

    You can make a complaint to the Commissioner of Official Languages: http://www.ocol-clo.gc.ca/html/complaint_plainte_f.php

  10. Cory Cameron   December 7, 2012 at 4:02 PM

    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 year when some of our First Nations people live in institutionalized squalor.

    http://www.cbc.ca/news/canada/story/2011/11/25/f-native-housing.html

  11. stellabystarlight   December 7, 2012 at 4:04 PM

    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!!!!

  12. c`est drole   December 7, 2012 at 4:21 PM

    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.

  13. Cory Cameron   December 7, 2012 at 4:28 PM

    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 to be served in English regarding all health services.
    Intervene with government agencies where there are gaps in the provision of services in English.
    Support our English-language schools.

    Set an example for us by our habits and our daily conversations.
    Subscribe to and read as a family, our only daily newspaper, The Montreal Gazette or Cornwall Free News, our weekly English and other periodicals.
    Regularly attend and support our school libraries and municipal promote English-language books and ensure their availability.
    Support our authors, publishers and libraries by purchasing their books locally.
    Encourage our many Anglo-Ontarian artists by buying their records.
    Buy the works of many artists from us.
    Attend plays and other events in our cultural centers and other Anglophone organizations.
    Watch DVD movies or English. Require their availability in shops.
    Constantly use English at home, in the office, with friends.
    Watching TV and listening to radio in English.

    Complaining is not crying

    In Quebec, Anglophones are entitled to services in English from the departments or agencies of the federal, provincial and municipal services in designated areas. When our language rights are not respected, when we can not deal with these departments and agencies in English, we have the right to complain. This law applies to any person located in English Quebec.

    Ask also to be served in our mother tongue. Businesses, for example, should make every effort to serve our customers in their own language, whether in the field of customer service or documentation. ASK ENGLISH.

    You can make a complaint to the Commissioner of Official
    Languages: http://www.ocol-clo.gc.ca/html/complaint_plainte_f.php

    Now tell me, does this not sound like Social Engineering? I mean French Ontario is no different than saying English Quebec.

  14. Cory Cameron   December 7, 2012 at 4:37 PM

    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!

  15. bella-b   December 7, 2012 at 4:47 PM

    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

  16. highlander   December 7, 2012 at 4:53 PM

    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%.

  17. Pierre   December 7, 2012 at 6:54 PM

    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.,

  18. c`est drole   December 7, 2012 at 7:18 PM

    @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 bankrupt… get over it…

  19. stellabystarlight   December 7, 2012 at 7:30 PM

    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.

  20. edudyorlik :-)   December 8, 2012 at 12:07 AM

    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 they so often with most everything) just “decided” they would start “trying” to force – and strong-arm these stores into abiding by new “made up” version of the law with threats of fines and so on without actually changing this law. But, most in the “know” realize that this may end up being a HUGE mistake. Why? Because they cannot enforce what isn’t there and thus attempting to open this law in order to change it legitimately opens up the possibly that it is re-submitted to the constitutional challenge and, most realize that it is NOT likely to pass that step yet again because it simply shouldn’t have passed it in the first place. This is why the stores are challenging it. Because they KNOW they were exempt and Quebec is just making this shit up as they go along.

    Besides, only activists and fools could ever believe that laws like Bill 101 could even come close to being constitutional.

    So, in the end, you’re attempt was feeble and NOT a very good answer to bella-b’s question. Stay out of it will ya.

    Besides, why not let Stella attempt to answer for herself… it’s much more entertaining that way.

  21. edudyorlik :-)   December 8, 2012 at 12:08 AM

    PS:
    I forgot.

    Have a nice day eh 🙂

    And — Go bella-b go… 🙂

  22. edudyorlik :-)   December 8, 2012 at 12:26 AM

    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 for?

    Why not have the minority 4 – 8 %(outside the “province” of Quebec) learn the common language of the country and those who choose not to can simply live out their lives in the” province” — NOT COUNTRY province — (cause they haven’t growed up yet) of Quebec.

    We have several interesting examples in this clip…
    Gilles Duceppe and his band of merry fellows and gals sucking pension money from all of us, some group in western Canada getting paid for doing nothing and then there is the French snow removal team. What a crew they are.. Very experienced don’t cha know. Check it out…

    _____\||/
    _____(o o)
    —-ooO-(_)-Ooo——-

    http://www.youtube.com/my_videos_edit?ns=1&video_id=U5veUKANv0w

    Oh and, have a ncie day eh 🙂

  23. Highlander   December 8, 2012 at 5:39 AM

    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 well to permit these behaviors within its borders.
    BRING IT ON thanks BIG BOX STORES FOR YOU ARE ABOUT TO SHOW THE REST OF THE WORLD HOW LANGUAGE LAWS DIVIDE AND CREATE SEGREGATION -this will open a lot of issues BRING IT ON.

  24. bella-b   December 8, 2012 at 8:20 AM

    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

  25. stellabystarlight   December 8, 2012 at 9:52 AM

    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 post…….tu-comprends? Si non tu es pas mal niaiseux **s**

  26. bella-b   December 8, 2012 at 11:09 AM

    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

  27. highlander   December 8, 2012 at 11:12 AM

    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!

  28. concerned citizen 2   December 8, 2012 at 12:02 PM

    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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