The French-only voter information documents being mailed ahead of the Quebec provincial election are officially the subject of legal action.
The issue was briefly discussed at the Montreal courthouse Tuesday afternoon, a little over a week after Élections Québec announced it will send unilingual mailouts to voters. The case will return to court Thursday morning, following a request for a delay by the defendants that was granted by the judge.
The legal challenge includes a request for a provisional interlocutory injunction as well as for a permanent injunction on the French-only election mailouts, with the goal of urgently reinstating the English versions of the documents ahead of the Oct. 5 vote. It was filed against Élections Québec and the Quebec government.
The plaintiff is Geoffrey Chambers, the former president of TALQ (known at the time as Quebec Community Groups Network), a group that advocates for the rights of English-speaking Quebecers. He was also the founding executive director of Alliance Quebec, a similar advocacy group that disbanded in 2005. Chambers declined to comment Tuesday afternoon, referring media to his lawyer.
Doug Mitchell, the lawyer representing Chambers, said the issue comes down to “one of the most fundamental rights in the country and the province: the right to vote.”
“I think what’s at stake is the ability for people to properly exercise their vote as they have for 75 to 100 years in the province of Quebec as it has always been,” he said.
“And something that seems, from my perspective, to be recognized by the director general of elections. That’s why they thought it was important that these documents be issued in English, and unfortunately the government didn’t agree.”
Language reforms under the Coalition Avenir Québec government prompted the French-only mailouts, according to Élections Québec, which said last week its request for an exemption to the language rules was denied. The mailers will include a QR code to English-language information and contact information.
Quebec Premier Christine Fréchette has held firm on the matter, saying she would not be intervening and that French is the province’s sole official language. Last Friday, she reassured reporters that the ballot would be bilingual — but Élections Québec told The Gazette there isn’t much to translate.
The measure has sparked concerns among anglophone advocacy groups, with some worried English-speaking voters could be left behind, especially seniors and those who don’t have access to smartphones. Canada’s official languages commissioner has also received complaints.
Chambers is seeking to have the English versions of three documents — the provincial election guide, the notice of entry, and the reminder card — “sent to every elector for the general election” on Oct. 5.
Last week, a spokesperson for Élections Québec said even if a voter requested the English version to be mailed, the election authority wouldn’t be able to do so in time, which is “why we wished to be able to have an exemption for the electoral period.”
But the injunction request states Élections Québec can “realistically and feasibly print and distribute information documents in English to all voters” before polling day, adding the “only prejudice that the defendants may suffer is the time and resources required to comply with” the court order sought by Chambers.
With less than a month to go before voters head to the polls, Mitchell said the delay in court proceedings could “render practically unlikely or impossible the actual delivery of the notices.”
“My case is hoping to see that electors get the notices in English they’re entitled to, and that may make it more difficult,” he said.
Mitchell said the hearing being set for Thursday is “not ideal, but could have been worse.”
“The delay is unfortunate, but I understand the position the judge is in. The judge was told by the Attorney General of Quebec they only got the proceeding last night,” he said.
“They have some evidence that they think is relevant for the judge to see.”
The prosecutors representing the Quebec government declined to comment Tuesday.
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