Elections Quebec has implemented a new policy requiring poll workers to verify a voter's right to English communication before speaking the langauge. This directive, stemming from the implementation of Bill 96, requires staff to ask specific questions regarding English education eligibility or Indigenous status.
The two-question test for English eligibility
Under a new directive obtained by CTV News, poll workers must now use a specific verbal protocol to determine if they can communicate with a voter in English. The policy requires staff to ask: "Have you been declared eligible to get an education in English?" and "Are you a member of the Native community?"
If a voter answers "yes" to either question, the poll worker is permitted to use English. however, if the response is "no," the worker is instructed to inform the voter that the conversation must continue in French to comply with the Charter of the French Language. According to the directive, workers are also advised to offer to repeat French instructions slowly if a voter struggles to understand.
A challenge to Section 3 of the Canadian Charter
Anglophone rights groups have signaled that these new protocols may infringe upon fundamental demcratic rights. Sylvia Martin-Laforge, the director general of the English-language rights group TALQ, told CTV News that the directive could violate Section 3 of the Canadian Charter of Rights and Freedoms, which protects the right to vote in an informed manner.
The Task Force on Linguistic Policy has also voiced strong opposition to the change. Andrew Caddell, the organization's president, described the directive as "disgraceful," suggesting that the requirement to refuse service to non-historic Anglophones could amount to harassment at polling stations. these groups argue that the linguistic gatekeeping creates an unnecessary barrier to the democratic process.
The October 5 battle over bilingual mailouts
The controversy surrounding language at the polls follows a recent legal victory for English-speaking voters. A Quebec Superior Court judge previously ordered Elections Quebec to send voter reminder cards in both French and English, temporarily suspending the restrictions imposed by Bill 96. This order came after a lawsuit was filed in early September regarding French-only mailouts.
While the court order is in effect, the Quebec government, led by the Coalition Avenir Quebec (CAQ) under Christine Frechette, has confirmed it will contest the decision. The appeal is scheduled for October 5, which coincides with election day. This means that while bilingual documents will be distributed for this current cycle, the long-term legal status of bilingual election materials remains in flux.
Questions over how poll workers will verify "Native community" status
Despite Elections Quebec stating that they rely on a voter's verbal statement without requiring formal certification, several practical concerns remain unaddressed. It is unclear how poll workers will navigate the sensitive "Native community" question without causing confusion or offense to Indigenous voters. Furthermore,while the agency claims to follow the Charter of the French Language, the source does not clarify how workers will handle disputes when a voter's verbal claim of English eligibility is met with skepticism. Finally, there remains the unanswered question of whether these new interactions will lead to increased voter attrition among newcomers and young citizens who may find the process intimidating.
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