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Order: Manitoba Language Rights, [1985] 2 S.C.R. 347

 

 

 

IN THE MATTER OF Section 55 of the Supreme Court Act , R.S.C. 1970,

c. S‑19;

 

AND IN THE MATTER OF a Reference by the Governor in Council concerning certain language rights under Section 23 of the Manitoba Act, 1870, and Section 133  of the Constitution Act, 1867  and set out in Order‑in‑Council P.C. 1984‑1136 dated the 5th day of April 1984;

 

AND IN THE MATTER OF a Special Hearing to establish the minimum period necessary for translation, re‑enactment, printing and publishing of:

 

1.         unilingual Acts of the Legislature of Manitoba which would be currently in force were it not for their constitutional defect; and

 

2.         the unilingual repealed and spent Acts of the Legislature of Manitoba;

 

pursuant to the opinion of the Supreme Court of Canada dated the 13th day of June 1985.*

 

 

*[1985] 1 S.C.R. 721

 

File No.: 18606.

 

1985: November 4.

 

Present: Dickson C.J. and Beetz, McIntyre, Wilson and Le Dain JJ.

 

 

order

 

                        Constitutional law ‑‑ Language guarantees ‑‑ Manitoba statutes to be enacted, printed and published in both English and French ‑‑ Temporary validity for the minimum period of time necessary for their translation, re‑enactment, printing and publication ‑‑ Commitment by the Province to publish in bilingual, parallel column format the Statutes and Regulations, and Rules of Court and Administrative Tribunals ‑‑ Determination of minimum period.

 

            ORDER to give effect to the consent agreement reached by the parties and interveners, October 30, 1985.

 

            Tanner Elton and Stuart Whitley, for the Attorney General of Manitoba.

 

            Roger Tassé, Q.C., and Martin Lowe, for the Attorney General of Canada.

 

            Michel Bastarache, for the Société franco‑manitobaine.

 

            Vaughan Baird, for Roger Bilodeau.

 

            Stephen A. Scott and Kathleen Weil, for Alliance Québec.

 

            Gérald Beaudoin, Q.C., for the Fédération des francophones hors Québec.

 

            Réal Forest and Robert Décary, for the Attorney General for Quebec.

 

            This special hearing having come on this date for the determination of the minimum period necessary for translation, re‑enactment, printing, and publishing of:

 

 

1. unilingual Acts of the Legislature of Manitoba which would be currently in force were it not for their constitutional defect; and

 

2. the unilingual repealed and spent Acts of the Legislature of Manitoba;

 

pursuant to the opinion of this Court dated the 13th day of June 1985.

 

            And after hearing from the applicant (the Province of Manitoba) that the Continuing Consolidation of the Statutes of Manitoba and Regulations, and Rules of Court and Administrative Tribunals will appear in bilingual, parallel column format when printed and published.

 

            And after hearing from the parties hereto.

 

The Court

 

1. gives effect to the commitment of the Province of Manitoba that the Continuing Consolidation of the Statutes of Manitoba, and Regulations, and Rules of Court and Administrative Tribunals will appear in bilingual, parallel column format when printed and published.

 

2. orders that the period of temporary validity for the laws of Manitoba will continue as follows:

 

(a)        to December 31, 1988 for:

 

            (i)         the Continuing Consolidation fo the Statutes of Manitoba; and

 

            (ii)        the Regulations of Manitoba; and

 

            (iii) Rules of Court and Administrative Tribunals;

 

(b)        to December 31, 1990 for all other laws of Manitoba.

 

3. Any of the parties hereto, may, in the case of necessity upon further application, supported by such evidence as may be required, return to this Court for such further determination as this Court may decide.

 

            Order.

 

            Solicitor for the Attorney General of Manitoba: Assistant Deputy Attorney General, Winnipeg.

 

            Solicitor for the Attorney General of Canada: Deputy Attorney General, Ottawa.

 

            Solicitor for the Société franco‑manitobaine: Michel Bastarache, Ottawa.

 

            Solicitors for Roger Bilodeau: Newman, Maclean, Winnipeg.

 

            Solicitor for Alliance Québec: Stephen A. Scott, Montréal.

 

            Solicitors for the Fédération des francophones hors Québec: Beaudoin & Michon, Hull.

 

            Solicitor for the Attorney General of Quebec: Deputy Attorney General, Ste‑Foy.

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.