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Can a city councillor call people ‘idiots' on Facebook? A judge will decide
Can a city councillor call people ‘idiots' on Facebook? A judge will decide

Montreal Gazette

time6 days ago

  • General
  • Montreal Gazette

Can a city councillor call people ‘idiots' on Facebook? A judge will decide

By Can a municipal councillor insult others on social media — calling them 'idiots,' 'morons' and much worse — if the exchange has nothing to do with their official duties? That question was put to Quebec administrative judge Sandra Bilodeau on Wednesday during an ethics hearing involving Andrew Caddell, an anglophone rights advocate and town councillor in Kamouraska. At the heart of the case is a long, heated Facebook exchange about anglophones, conducted in French on New Year's Eve, in which Caddell commented. Topics included Bill 96, Quebec's language law reform, which Caddell described as 'discriminatory.' After investigating a complaint, the Quebec Municipal Commission determined Caddell likely contravened Kamouraska's ethics rules 13 times, citing conduct that was 'disrespectful or uncivil' and lacking in 'honour.' He could be fined up to $4,000 or suspended from his elected duties for up to 90 days. At the hearing, Laurie Beaulieu, a lawyer for the commission, noted that Caddell's Facebook profile mentions that he is a Kamouraska councillor, and he mentioned it on 10 occasions during the Facebook discussion. Beaulieu said Caddell told some individuals to 'go f--- themselves' and called others morons, idiots, bigots and losers. He also used the abbreviation 'TDC,' which, in context, clearly was shorthand for the French word for 'a--hole,' she said. She said the words used breached Kamouraska's ethics code, which forbids councillors from engaging in 'offensive, disparaging, or intimidating actions, or any form of incivility of a vexatious nature.' Elected officials are entitled to express their opinions freely, Beaulieu said. But their position requires them to do so with restraint, and Caddell's behaviour was 'objectively contrary to the honour and dignity of the office.' Beaulieu added: 'Mr. Caddell has the right to express his views on the Charter of the French Language — that is not under debate today. However, he must do so while respecting the rules of ethics and professional conduct.' Caddell is president of the Task Force on Linguistic Policy, which has raised more than $200,000 to finance a lawsuit challenging the constitutionality of Bill 96. He's also a columnist with the Hill Times, an Ottawa political publication. Michael Bergman, a lawyer representing Caddell, argued that the comments, which he described as 'hard, difficult, strong, emotional, and passionate,' were made outside of Caddell's duties as a councillor. 'They had nothing to do with the needs, policies, affairs, or operations of the municipality of Kamouraska,' Bergman said. 'It was an exchange — a difficult one with intense words, without a doubt — between people regarding linguistic and minority questions across Quebec and Canada.' Elected municipal officials must be able to exercise their freedom of expression, he said, adding there is no precedent of a municipal councillor being subject to an ethics complaint for social media activity unrelated to their municipal role. Bergman described Caddell's French as 'exemplary,' noting that in the online discussion, he simply used 'street language — the kind of everyday talk Quebecers don't take issue with.' One should also consider the context of the Facebook discussion, he said. He pointed out that Caddell was under intense attack from others. Among other things, he was called a racist, a 'Rhodesian' and a 'supremacist' and told to 'take the 401 and screw off.' Bergman argued Caddell should be cleared in part because of a discrepancy between the English and French versions of Kamouraska's ethics code. In French, it refers to councillors being respectful toward 'citizens,' while the English one says 'citizens of the municipality.' Bergman said there's no proof anyone in the Facebook discussion — on the page operated by political commentator and former politician Nic Payne — was a resident of Kamouraska. For her part, Beaulieu cited the French version of the code. She said it's clear from the context that 'the notion of citizen must be interpreted broadly and liberally. (The code) in no way establishes that the term 'citizen' is limited to residents of the same municipality as the elected official.' The judge gave the two sides two weeks to submit briefs regarding the discrepancy between the French and English versions of the ethics code. A ruling is expected within three months. Caddell was elected as a councillor in Kamouraska, a municipality (population 607) in the Bas-St-Laurent region, in 2021. Caddell is a former Montreal West town commissioner who ran for the federal Liberals in 2011.

Hanes: If Quebec wants to improve relations with anglophones, it must be careful when defining them
Hanes: If Quebec wants to improve relations with anglophones, it must be careful when defining them

Montreal Gazette

time20-05-2025

  • Politics
  • Montreal Gazette

Hanes: If Quebec wants to improve relations with anglophones, it must be careful when defining them

There was much talk about how to turn English-speaking Quebecers' generalized mistrust of the Coalition Avenir Québec government into trust during the recent study of the budgetary credits at the National Assembly. Under questioning by Liberal MNA Gregory Kelley, Eric Girard, who is responsible for relations with the anglophone community, as well as being finance minister, even conceded a recent flashpoint was 'not our finest moment.' Girard's mea culpa was a reference to last summer's imbroglio over a government directive that suggested an eligibility certificate for English education would be required to access English health care. The government eventually rewrote the directive. While it's positive that Girard said he wants to hit reset with often skeptical English-speaking Quebecers, there is another contentious issue percolating behind the scenes that could boil over. Kelley asked Girard about a new methodology to define the English-speaking community the government is studying that could reduce its demographic weight, which was measured in the last census at about 13 per cent of the Quebec population. He warned that any such recalculation that diminishes the number of anglophones could compromise funding and the delivery of services, whether it be health care or employment assistance. 'Often the plans are based on the numbers. And it's where the numbers warrant,' Kelley noted during the exchange. 'So if the services are based on numbers, that's the way hospitals in Quebec determine what services.' Girard seemed caught off guard, saying he was 'not particularly' aware of this review by the Ministry of the French Language. But he did try to be reassuring. 'Services are based on need. For example, access to health services. Where there are anglophone institutions, it's clear there are services and even in Montreal, francophone institutions are able to provide services. And in the regions, that's why we have regional access plans,' Girard said. 'Just to be clear, the objective is to offer the services, not to manipulate the numbers to not provide the services. We have regional access plans specifically because we want to ensure the services are available in English where there is a demand for the services.' Nevertheless, Kelley said in an interview later that he wanted to put this issue on Girard's radar, both as minister responsible for relations with the English-speaking community and minister in charge of the Institut de la statistique du Québec, to head off any new friction. 'I think we could easily look at the track record and say that there's no reason for us to be optimistic,' he said. 'I hope the fact this intervention was a bit pre-emptive results in a positive decision for the community.' The Ministry of the French Language confirmed that the current indicators on the number of people needing health services in English date from 2018 and are under review by the Health Ministry with its input. But it said no one who qualifies for care in English under the Health Act will be refused, regardless of the methodology used. As for what alternatives are under consideration and when they might be unveiled, the Ministry of the French Language said the reflection is still underway. Defining who is an anglophone is a fraught endeavour for a government that has often been antagonistic toward anglophones. And it's a sensitive matter for English-speaking Quebecers who often feel scapegoated, ignored and disrespected. One source, speaking on background, said it's not illegitimate for the government to tweak its formula, but that it's still touchy. 'It's a political question for sure, but there's an administrative necessity underlying the political question,' said the source. The Quebec government currently relies on Statistics Canada's 'first official language spoken' formula. That essentially boils down to counting all the Quebecers who answer English to that question on the census, plus adding about half of those who answer both English and French. This totals about 1.3 million Quebecers. This measure is imperfect, but it is considered the gold standard because it's the most inclusive. Sylvia Martin-Laforge, director general of the Quebec Community Groups Network, an umbrella organization for the English-speaking community, said she's been hearing for years that the provincial government has been looking for a new methodology that would effectively winnow down who qualifies as an anglophone. She said changing the variables would mean leaving someone out. The QCGN favours the current model of calculating. 'We've always used the 'first official language spoken' number, and that's the most generous,' Martin-Laforge said. Some of the CAQ government's past attempts to redefine the community have been ham-fisted, while others are unworkable. It has introduced the concepts of 'historic anglophones' and 'ayant droits,' which roughly translates as rights-holders. Both are extremely vague. Last summer's eligibility certificate fiasco hit a nerve because relying on documents children with grandfathered access to English schools have had to obtain since Bill 101 was adopted in the 1970s neglects the fact that many seniors, babies or Canadian adults from other provinces don't have one. On top of this, since Bill 96 was passed, children who qualified for English education but attended French schools have been denied their eligibility certificate if they already graduated. (Ironically, in many regions of Quebec, students who qualify for English schooling are actually francophones with inherited rights.) Bill 96 also put a limit of six months during which new immigrants to Quebec can receive public services in a language other than French (English included), which also constrains need. At the very least, the Secretariat for Relations With English-Speaking Quebecers, a branch of the Quebec government, should be involved in the methodology review process with the Ministry of the French Language, Kelley said. It may be a highly technical matter, but proceeding with caution would show Girard is serious when it comes to wanting to improve relations with anglophones. 'It's great that Minister Girard says he wants to go from mistrust to trust,' Kelley said. 'So the ball is really in his court. I don't think this is a massive thing, since we more or less have an accepted definition that's out there. I don't think it's necessary to really change things or rock the boat too much, and (it's) a good chance for the government to work with the community to make sure we don't have any issues going forward.'

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