Quebecers Advance Legal Challenge to Remove Indigenous Governor General Over Language Issue

Quebec Court Rules Case Against Mary Simon's Appointment Can Proceed on Bilingualism Grounds

A significant step has been taken by a group of Quebecers in their pursuit of removing Canada's governor general, citing language disparities. In a recent ruling, a Quebec superior court judge has granted permission for the case to proceed. The lawsuit argues that the appointment of Mary Simon in 2021 by Queen Elizabeth II, as Canada's first Indigenous governor general, contravenes the bilingualism stipulations set out in the constitution.

Federal Court Jurisdiction Challenge Overruled

Canada's attorney general had initially asserted that the federal court held exclusive jurisdiction over this matter. However, Quebec superior court judge Catherine Piché's decision countered this assertion. She emphasized that the crown is not a solely federal institution; instead, it represents the sovereign's presence within Canada. As a result, Piché contended that the federal court did not possess exclusive jurisdiction in this case. 

Language Barrier at the Heart of the Matter

Mary Simon, an Inuk representative of the crown in Canada, speaks English and Inuktitut, but not French. Her upbringing in northern Quebec included attendance at an English-language federal day school. These schools were noted for their similarities to residential schools in their efforts to assimilate Indigenous youth.

Respect for Constitution and Charter of Rights and Freedoms

The lawsuit, initiated by two Quebec rights associations, particularly "Justice pour le Québec," aims to underline the importance of adhering to Canada's constitution and the Charter of Rights and Freedoms. The lawyer representing the groups has emphasized that the legal action is not an attack on Mary Simon, but rather an inquiry into the principles enshrined in the country's legal framework.

A "Posthumous Victory" for Frédéric Bastien

The decision has been hailed as a "posthumous victory" for Frédéric Bastien, the former leader of "Justice pour le Québec," who passed away earlier this year. Bastien, known for his involvement in various legal battles and human rights initiatives, had consistently championed language rights and other societal causes.

Legal Proceedings Await in the Coming Months

The case is scheduled to return to the courtroom in the upcoming fall, maintaining its focus on the bilingualism provisions within the constitution and the implications of the appointment of an Indigenous governor general who does not speak both official languages.