R. v. Lefebvre, (1991) 1 W.W.R. 336 (Alta. Q.B.); (1993) 3 W.W.R. 436 (Alta. C.A.)

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​This was a trial and series of appeals on behalf of the Attorney General of Alberta, Department of Constitutional and Energy Law, with respect to the constitutionality of Alberta legislation which did not comply with bilingual legislative requirements found in s. 110 of the Northwest Territories Act (R.S.C. 1886, c.50, as amended by S.C. 1891, c. 22, s. 18). The Court of Queen’s Bench of Alberta found that section 110 was not entrenched and was repealed by the Languages Act (S.A. 1988, c. L-7.5) and therefore Alberta legislation is validly enacted. However, the Court also issued a declaratory order that the Languages Act should be amended to provide Albertans with the right to plead their case and make written submissions in the French language and to file documents in the Court of Queen’s Bench in the French language. Following an appeal and cross-appeal the Alberta Court of Appeal found that section 110 of the North West Territories Act is not a “constitutional law” in the sense that it cannot be amended by the legislative body to which it applies. It was enacted by the Federal Parliament and could be amended by it because nothing in the Constitution Act, 1867 deprived it of the power to do so. The Court of Appeal also vacated the declaratory order that the Languages Act should be amended to provide Albertans with the right to plead their case and make written submissions in the French language and to file documents in the Court of Queen’s Bench of Alberta in the French language.