English-only traffic sign ruled illegal

Toronto — A justice of the peace has ruled that a "no left turn" sign in Toronto is unenforceable because it is not written in both English and French.

The ruling Monday by Justice Alice Napier could result in thousands of traffic tickets being dismissed.

Lawyer Jennifer Myers argued that a traffic sign near Bay and Dundas streets violated the Highway Traffic Act and the French Languages Service Act because it was not in both official languages.

Napier agreed at a night court hearing Monday, and threw out a ticket issued to Myers for making an illegal left turn.

Myers does not speak French.

Daniel Brown, a law student who represented her in court, said Myers' victory could prove expensive for the city of Toronto.

"Certainly there will be some cost consequences," Brown said. "They will have to update every traffic sign to correspond with the French Languages Services Act."

Mayor David Miller said Tuesday that the city would appeal the decision.

George Bartlett, director of prosecutions for the city of Toronto, said a provision of the Highway Traffic Act that requires French-language signs does not apply because city council never approved it.

Bartlett also said that a decision by a justice of the peace would not set a precedent that invalidates other tickets issued on the basis of English-only signs.

National Post
October 20, 2004

French S.V.P., we're Toronto anglos
Lawyer beats traffic ticket because sign not bilingual
Nicholas Kohler


TORONTO - A resourceful rookie lawyer got one of his law firm bosses off the hook for a traffic ticket by arguing an English-only no-left-turn sign on Bay Street was invalid -- even though his client is not fluent in French.

The decision could mean financial disaster for Toronto, as city officials scramble to either have the decision reversed on appeal or face Frenching up all of the city's signage as a result.

Jennifer Myers, a criminal lawyer with the Pinkofskys law firm, earned herself a ticket from a waiting police cruiser after she made an illegal left turn in Toronto's financial district in January.

Enter Daniel Brown, a 26-year-old Queen's University law graduate articling at Ms. Myers' law firm. It was the intrepid Mr. Brown who, while combing through the requisite legislation, discovered a loophole that -- in legal parlance -- you could drive a truck through (literally).

Presented with Mr. Brown's arguments, a justice of the peace tossed Ms. Myers' ticket out on Monday, ruling the sign was invalid because it was not written in both French and English -- as required by two provincial laws: the Highway Traffic Act and the French Language Services Act.

Indeed, Justice of the Peace Alice Napier said the city of Toronto had been ''negligent'' in not posting a bilingual sign, despite the fact Ms. Myers is an anglophone who does not speak fluent French.

Not so, say city officials in unison with their Mayor, David Miller, who yesterday announced city hall will appeal the decision, which would spell big money -- in any language -- should it stand.

To wit: hundreds of thousands (if not millions) of traffic signs dot Toronto, with each representing manufacturing and installation costs of some $200, city spokesman Brad Ross said yesterday.

The French Language Services Act designates Toronto, as well as 22 other Ontario municipalities -- including Hamilton, Thunder Bay, Sudbury and Mississauga -- as areas where French language services must be made available.

Mr. Ross maintained, however, that, contrary to Monday's winning argument, the French Language Services Act applies in Toronto only to provincial government services.

Street signs would be covered only if Toronto city council chose to opt into the act by passing a by-law -- something it has not done. As a result, "the city feels strongly it has great grounds for appeal,'' Mr. Ross said.

Ms. Myers' ticket carried a fine and would have resulted in the loss of two points from her driver's licence -- not to mention the impact on her insurance premiums.

Knowing his only defence was that the traffic sign was somehow defective, Mr. Brown conceded all the facts to the police officer during night court on Monday.

''What we did take exception to was whether or not she was bound to comply with that sign,'' Mr. Brown said yesterday.

Mr. Brown submitted she was not.

''She's only obligated to abide by lawful signs in the city,'' he said, adding the lack of French on the sign in question made it invalid.

''It's certainly not frivolous at all,'' maintained Mr. Brown, suggesting the legislation in question represents the importance of the French language and culture in Ontario.

''The issue, yes, might be trivial -- but the principles behind it are quite significant.''

© National Post 2004

Dyane Adam thinks that Official Bilingualism is so important that it takes precedence over all other spending!! Cut everything else but leave Official Bilingualism spending alone, she says!! Click on the link below and tell her what you think of this divisive, discriminatory and destructive program that is tearing this country apart, not uniting it like Pierre Elliot Trudeau said it would.



--------------------------------------------------------------------------------


Ottawa Headline News


For news updated throughout the day, visit http://www.ottawacitizen.com" rel="nofollow">LINK today!

Spare bilingualism from budget review: language watchdog

The official languages commissioner wants the Martin government to exempt its bilingualism plan from budget review.

"Languages commissioner urges bilingualism boost
Canadian Press

OTTAWA - The federal government should exempt its bilingualism plan from a spending review, consider appointing bilingual judges and protect language duality at Air Canada, the official languages commissioner said Tuesday.

Dyane Adam said in her annual report to Parliament that a review of government spending aimed at saving up to $3 billion a year within four years should not apply to initiatives for bilingualism.

All departments have been asked to submit their lowest priority spending with an eye to using the money it elsewhere.

''What I am doing is overseeing legislation (and) constitutional obligations and I'm telling this government they have to beware and ensure they put the appropriate resources there,'' Adam said after tabling her report.

That would include the ambitious $750-million, five-year plan launched last year to improve bilingual services in the public sector.

Adam said bilingualism must be speeded up, not slowed down.

She said there's been progress in Treasury Board policies on staffing bilingual positions.

But she complained in her report of a piecemeal approach and a seeming lack of momentum. "