Department of Justice

FEDERAL SUBMISSION FILED IN BERTRAND CASE ON FRENCH
VERSION OF CONSTITUTIONAL DOCUMENTS

OTTAWA, June 3, 1996 -- The Attorney General of Canada today filed written submissions in the Bertrand case in Quebec Superior Court relating to the French version of constitutional documents.

Section 55 of the Constitution Act, 1982 requires that official French versions of constitutional documents be prepared "as expeditiously as possible" by the Minister of Justice for enactment under constitutional amending procedures.

The Attorney General of Quebec has asked permission from the Quebec Superior Court to amend his motion to dismiss the Bertrand case to add another ground for dismissal. It is Quebec's contention that the Canadian Constitution is invalid because section 55 of the Constitution Act, 1982 has been breached.

The Government of Canada takes the position that Quebec's proposed amendment to its motion is inadmissable at this stage of the proceedings, that section 55 of the Constitution Act, 1982 has not been breached and that a breach of the section does not render the Canadian Constitution of no force and effect.

The federal government has had ready since 1990 a complete French text of the constitutional documents in question prepared by a committee of constitutional and linguistic experts appointed by the then Minister of Justice. A preliminary report was tabled in the Senate and the House of Commons in 1986 and sent to the provinces. In December, 1990, the then Minister of Justice tabled the final report in both Houses of Parliament and sent copies to provincial counterparts.

The motion has been brought by the Quebec government as the result of a legal action initiated by Mr. Guy Bertrand, a Quebec city lawyer who is challenging the constitutionality of several aspects of the Quebec government's sovereignty agenda. The Quebec government is seeking to have the case dismissed.

Quebec's request will be heard in the Quebec Superior Court on June 17, 1996.

Ref.:       Jennifer Lang       Josée Touchette
            Minister's Office   Department of Justice
            (613) 992-4621      (613) 941-4032

            Warren Newman
            Department of Justice
            (613) 952-8091