Court Interprets Quebec French Language Sign Requirements, Trade-mark Exception

A recent, lengthy decision gives interesting guidance on Quebec language legislation as to the rules applicable to the predominance of French, the use of trade-marks on signs and in particular the protection for unregistered trade-marks. It also addresses new constitutional challenges to this legislation.

In Quebec v. 156158 Canada Inc., 24 anglophone merchants in the Montréal area challenged various charges against them for violation of provisions of the Charter of the French Language (Language Charter) restricting the use of languages other than French on public signs, posters, advertising, brochures and packaging.

The Court of Québec, Criminal Division, addressed constitutional challenges to the Language Charter and gave some guidance as to the interpretation of some of its provisions, in particular with respect to public signs and trade-marks.