National Post (National Edition)
Liberals move to tighten sign law in Quebec
MONTREAL • Conventional wisdom in Quebec says the Parti Québécois is the naturalborn protector of the French language and the provincial Liberals are federalist pushovers.
But while the previous PQ government blustered about the need to strengthen Bill 101 — it proposed forcing small businesses to operate in French, stripping municipalities of bilingual status, granting language inspectors enhanced powers, even driving the children of military personnel out of English school — it accomplished nothing before its 2014 electoral defeat.
As they enter their second year in power, it is the Liberals who are pushing ahead with changes aimed at protecting the French language.
Wednesday in Quebec City, Culture Minister Hélène David announced the government will change the regulations under Bill 101 to force chains with English names to include a French slogan or description on their signs.
“In exercising my role as the minister responsible for the protection and promotion of the French language, this action is necessary and a priority for our government, since it concerns a foundation of our collective existence and our culture, the French face of Quebec,” she said.
The move comes after the provincial attorney general lost a court challenge by Best Buy, Costco, Gap, Old Navy, Wal-Mart, Toys ‘R’ Us, Curves and Guess. The companies opposed efforts by the provincial language watchdog, the Office québécois de la langue française, to require the addition of a French description to their signs.
Quebec Superior Court and the Court of Appeal ruled that the French language charter, known as Bill 101, and its regulations allowed signs to display trademarked names in a language other than French. The requirement for a generic term in French did not apply to the trademarks, the courts found.
Quebec has decided not to appeal the case to the Supreme Court of Canada, and instead will change its regula- tion, David said.
“This is intended to ensure a permanent and visible presence of French on the exterior of storefronts,” she said. “We will provide effective ways for outdoor commercial advertising to better reflect the French heritage of Quebec without altering the trademark.”
The specifics of the new regulation will not be known until the fall, but companies will have a choice between adopting a French slogan — “the best coffee in Quebec,” for example — or a simple description of what they sell. The French will have to be visible.
“If the trademark is lit up at night, we want the French inscription to also be lit up at night,” David said.
In the past, the retailers have argued that adding any French would dilute the strength of internationally known brands.
“The brand stands for what it is,” Nathalie St-Pierre, the Retail Council of Canada’s vice-president for Quebec, said Wednesday.
No matter what language people speak, when they see the name Nike on a store, they know it sells shoes. “It’s each company’s individual decision as to how they want to use their trademark.”
She said it is too early to say whether the proposed changes will warrant further legal challenge.
There is no denying that the arrival of ubiquitous global brands has dulled Bill 101’s ability to protect Quebec’s “French face” by regulating commercial signage.
Some companies have voluntarily added French terms to describe their activities, for example “les cafés” before Second Cup and “lunetterie” before New Look eyewear outlets. But Montreal’s downtown streets and suburban malls remain awash in English.
The proposed change could seem like tilting at windmills, a symbolic gesture that will have little impact on the ultimate fate of French in Quebec. And coming at a time of linguistic peace, there is always the risk of stirring up the hotheads for whom no English is too much.
But symbolism has always been central to Quebec’s language battles, and the sign issue provides the Liberals a chance to shore up their nationalist credentials without infringing on individual rights.
David described the proposed change as a matter of “politeness” and “courtesy.”
The companies that fought the issue in court have to realize that when it is a Liberal government pushing them to change, they cannot expect much public sympathy. For the sake of the bottom line, if nothing else, it is better to get on board now then to be the last impolite holdout.