Girish Mahajan (Editor)

R v Mercure

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Citations
  
[1988] 1 SCR 234

End date
  
February 25, 1988

Ruling court
  
Docket No.
  
19688

Docket number
  
19,688

R v Mercure

Full case name
  
André Mercure v Attorney General for Saskatchewan

Prior history
  
Judgment for the Crown in the Saskatchewan Court of Appeal

Majority
  
La Forest J, joined by Dickson CJC, Beetz, Lamer, Wilson and Le Dain JJ

Dissent
  
Estey J, joined by McIntyre J


R v Mercure was a ruling by the Supreme Court of Canada in 1988, dealing with language rights in the province of Saskatchewan.

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The Supreme Court ruled that language rights enjoyed an almost constitutional status and could only be repealed by a 'clear legislative pronouncement'. The Legislative Assembly of Saskatchewan subsequently repealed official bilingualism.

References

R v Mercure Wikipedia


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