R. v. Mercure

R. v. Mercure, [1988] 1 S.C.R. 234 was a 1988 ruling by the Supreme Court of Canada.

The appellant demanded the right to a statuatory provision in Saskatchewan governing a speeding ticket be expressed in French as well as the right to have a trial conducted in French. English and French are both considered official languages in Canada.

Lower courts had denied him this right, so he sought appeal to the Supreme Court of Canada. However the appellant died before his Supreme Court appeal on the issue could be heard. The Court exercised its discretion to hear the appeal notwithstanding its mootness because the case not only raised an important legal issue but satisfied the other criteria for the hearing of a moot appeal, including the continued existence of a proper adversarial context.

The Supreme Court ruled that language rights enjoyed an almost constitutional status and could only be repealed by a 'clear legislative pronouncement'. The Legislative Assembly of Saskatchewan subsequently repealed official bilingualism.

External links

* [http://www.canlii.org/fr/ca/csc/doc/1988/1988canlii107/1988canlii107.html text of decision] (in french)