[can.francais] Bourassa and Bill 101

dave@onfcanim.UUCP (Dave Martindale) (01/08/89)

The thing that really bothers me about Bourassa's decision is that
it is based on "maintaining social peace" rather than any sort of
principle.  As was pointed out by the head of Alliance Quebec after
their offices were set on fire, if government decides policy on the
basis of maintaining social peace, then whoever has the biggest brick
is who sets policy.  This seems like a *very* bad precedent, likely
to lead to more violence (not just on language issues) as it becomes
clear that that is what gets results.

Ideally, I'd like to see a new sign law that acknowledge the Supreme
Court judgement, and maintained the right to additional languages on
signs as long as French is predominant.

On the other hand, I think that Quebec, as a whole, can decide to
trade away some of its guaranteed rights in order to gain something
else if it so chooses.  If there had been a well-worded referendum
on the topic, or even a single-issue election, preceded by debate
that allowed people to discuss the longer-term effect of a reduction
in rights, then we would have an indication of how the majority of
Quebec felt.  If the concensus was that bilingual signs were, in the
balance, undesirable, then I think the government would be justified in
changing the law as it has.

But rather than discuss the matter and try to obtain such a concensus,
the government has stuck its head in the sand until the old law was
actually struck down, then was forced to act so rapidly to replace it
that no real discussions with the public could take place.

So, although I don't like the current law, I can accept that you don't
always get what you want in a democracy (if this issue had been decided
democratically).  But I am really worried about the way this issue was
actually decided.

dre@myrias.UUCP (Duane Eitzen) (01/14/89)

In article <17099@onfcanim.UUCP> dave@onfcanim.UUCP (Dave Martindale) writes:
>On the other hand, I think that Quebec, as a whole, can decide to
>trade away some of its guaranteed rights in order to gain something
>else if it so chooses.  If there had been a well-worded referendum
>on the topic, or even a single-issue election, preceded by debate
>that allowed people to discuss the longer-term effect of a reduction
>in rights, then we would have an indication of how the majority of
>Quebec felt.  If the concensus was that bilingual signs were, in the
>balance, undesirable, then I think the government would be justified in
>changing the law as it has.

/**********
PLEASE NOTE THAT I DO NOT SUPPORT THE FOLLOWING PARAGRAPH. IT IS FOR
RHETORICAL PURPOSES ONLY
*********/
On the other hand, I think that *CANADA*, as a whole, can decide to
trade away some of its guaranteed rights in order to gain something
else if it so chooses.  If there had been a well-worded referendum
on the topic, or even a single-issue election, preceded by debate
that allowed people to discuss the longer-term effect of a reduction
in rights, then we would have an indication of how the majority of
*CANADA* felt.  If the concensus was that *FRENCH* signs were, in the
balance, undesirable, then I think the government would be justified in
changing the law as it has.

/* back to what I believe */

Your general principle doesn't sound so good when the majority party
and the minority party change languages, does it? I think the problem
is that you confuse rights and privileges. A privilege is something
you are given or allowed, typically by the appropriate authority.
A right is something which can not (morally) be taken without consent,
no matter what the majority says, no matter what you think is right.
Is the ability to post signs in your language on the outside of your
shop a right? You may argue that it isn't. The Canadian constitution,
the UN declaration of human rights and me say it is. That doesn't make
me correct. But it would explain why I find a position such as yours
repugnant.

dre.

lamy@ai.utoronto.ca (Jean-Francois Lamy) (01/14/89)

Laws have been enacted that limit individual rights and judgments have upheld
some of them and overturned others.  I used to think that that was one of the
very reasons we had a Supreme Court.  In the case of Bill 101 I've heard the
view that the intention of the legislator was to protect individual rights of
the anglophone minority in Que'bec in areas like education but that
commercial signs and publicity were not considered linked to individual
rights.  Whatever argument was used, the Supreme Court did not buy it, but
left the door open to restrictions (predominance of French would have been
acceptable, it seems).

Absolutes seldom are.

Jean-Francois Lamy               lamy@ai.utoronto.ca, uunet!ai.utoronto.ca!lamy
AI Group, Department of Computer Science, University of Toronto, Canada M5S 1A4

dave@onfcanim.UUCP (Dave Martindale) (01/14/89)

In article <762@myrias.UUCP> dre@myrias.UUCP (Duane Eitzen) writes:
>/**********
>PLEASE NOTE THAT I DO NOT SUPPORT THE FOLLOWING PARAGRAPH. IT IS FOR
>RHETORICAL PURPOSES ONLY
>*********/
>On the other hand, I think that *CANADA*, as a whole, can decide to
>trade away some of its guaranteed rights in order to gain something
>else if it so chooses.  If there had been a well-worded referendum
>on the topic, or even a single-issue election, preceded by debate
>that allowed people to discuss the longer-term effect of a reduction
>in rights, then we would have an indication of how the majority of
>*CANADA* felt.  If the concensus was that *FRENCH* signs were, in the
>balance, undesirable, then I think the government would be justified in
>changing the law as it has.
>
>/* back to what I believe */
>
>Your general principle doesn't sound so good when the majority party
>and the minority party change languages, does it?

No, that's exactly the same principle applied in the same way - I see
the two paragraphs as being the same.

>I think the problem
>is that you confuse rights and privileges. A privilege is something
>you are given or allowed, typically by the appropriate authority.
>A right is something which can not (morally) be taken without consent,
>no matter what the majority says, no matter what you think is right.

I do understand the difference.  But, ultimately, which things fall into
which category are determined by the opinion of a body of people - I don't
see that any rights are "absolute", except in the sense that absolutely
everyone agrees to them.  The rights that are included in the Canadian
constitution are those that Canadians think are rights (borrowing, of
course, from the opinions of other nations as well).

Quebec is an odd case because it is not an independent country, yet wishes
to behave as one when legislating.

>Is the ability to post signs in your language on the outside of your
>shop a right? You may argue that it isn't. The Canadian constitution,
>the UN declaration of human rights and me say it is.

Let's be a bit more precise.

I don't believe that the constitution or the UN declaration say anything
directly about posting signs.  They do say that freedom of speech is
a right, but it is only the Supreme Court of Canada which has declared that
the language of signs is a freedom of speech issue.  Many people in
Quebec do not agree, and may also feel that the Supreme Court ought not
to have jurisdiction.

Now, for the record, I think that no language should be forbidden on
outside signs.  I even agree that this *should* be covered by
the freedom of speech guarantees.  But just because I believe it does
not make it true.  If there are a majority of other people who do not
think it ought to be a right, my opinion is not enough to make it true.

Perhaps this is an interesting question:  If Quebec was a completely
independent country, would it have the right to determine for itself
whether the language of signs was protected by freedom of speech?

If not, why not?  Can a country not determine for itself what rights
its citizens shall have?

If so, why is it that what it is right and "moral" for a country to
determine these things, but it is not right or moral for a province to
do so?

Does the "distinct society" clause in the constitution allow
Quebec to go its own way, different from the rest of Canada, when
creating laws?  If not, what does it mean?  What should it mean?

	Dave Martindale

death@watcsc.uucp (Trevor Green) (01/15/89)

In article <17162@onfcanim.UUCP> dave@onfcanim.UUCP (Dave Martindale) writes:
>
>Perhaps this is an interesting question:  If Quebec was a completely
>independent country, would it have the right to determine for itself
>whether the language of signs was protected by freedom of speech?
>
>If not, why not?  Can a country not determine for itself what rights
>its citizens shall have?

Did Germany 1933-45 have the right to determine for itself whether the lives,
businesses, religion, etc. of Jews and Gypsies was protected by anything?

If not, why not? Can a country not determine for itself what rights its
citizens shall have?

>If so, why is it that what it is right and "moral" for a country to
>determine these things, but it is not right or moral for a province to
>do so?

There is one fundamental right: the right of all human beings to lead human
lives as they so choose. This is IMHO the only way in which the world and all 
its citizens can be truly free. Noone nor any group, whether or not in the 
majority in the resident nation, can decide to remove any part of this 
individual determination, whether such action is as harsh as Stalin's Purges 
or as mellow as Bill 178.

...we now interrupt my pontifications and return you to your normally scheduled
flamefest...

-- 
Trev
"I know! We can make machine language Scrabble! You'd only need two kinds of 
 tiles." -- anonymous, overheard

brad@looking.UUCP (Brad Templeton) (01/15/89)

Perhaps now in Quebec it's legal to shout "Fire" in a crowded moviehall,
but illegal to shout <<feu.>>

This is just my satirical way of saying how astounded I am that people
always bring up the "fire in a moviehall" line whenever freedom of
expression is mentioned.

The complex answer to this silly analogy is that shouting "fire" is an
extremely special kind of speach, in that it is isomorphic to a physical
act (setting an alarm.)

It's simpler to wonder about the kind of train of thought that equates
a sign saying "Books for sale" outside a bookstore to making a false
fire alarm.

-- 
Brad Templeton, Looking Glass Software Ltd.  --  Waterloo, Ontario 519/884-7473