Several groups are seeking to have Simon's appointment declared null and void because they say the governor general is constitutionally required to communicate in both official languages.But Justice Catherine Piche said in her June ruling that the appointment of the governor general doesn't fall within one of the specific circumstances that would require the case be heard by the Federal Court.
Francois Boulianne, the lawyer for the groups challenging Simon's appointment, says he expects the case to return to court in the fall.Justice pour le Quebec, which is taking part in the case, says it will pursue the challenge despite the death in May of its president, Frederic Bastien, a historian and former Parti Quebecois leadership candidate.
"The issue is the principle, it's not Mary Simon herself, it's respect for the Constitution," Boulianne said in an interview.
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