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SCC Decision: February 5, 2009

Desrochers v. Canada (Industry), 2009 SCC 8
Click here to link to the full judgment.
(Constitutional / Charter / Official languages)
D ran a corporation created by the Francophone community to address shortcomings in provision of Industry Canada's programs in the French language in a community.  After filing complaints with the Commissioner of Official Languages of Canada, D applied to court for a finding that Industry Canada was in breach of the Official Languages Act.  The court found that Industry Canada had been in breach when the application was filed, but was no longer in breach when the court reached its decision.  The court dismissed the application without costs.  The Court of Appeal held that the application should have been granted, but that only costs should be awarded as remedy.  The Supreme Court affirmed the decision of the Court of Appeal, but found that the duties of linguistic equality set out in the Constitution and the Official Languages Act are wider than set out by the Court of Appeal.
Majority/Dissent: 7/0

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