The lawyer for two companies charged under Dieppe's language bylaw said Wednesday that his clients believe the law is unconstitutional.

"On behalf of my clients, we have requested that the court set a date so that we may file an application for a declaration that that bylaw is unconstitutional, on the basis that it is a violation of section two of the Charter of Rights and Freedoms, which protects freedom of expression, which includes the right to choose one's language," said Rob Dysart, the lawyer representing the companies.

Lawyer Rob Dysart says his clients believe Dieppe's language law is unconstitutional. (CBC)

"It's not just for my clients, it's for all New Brunswickers," he added.

"This has to do with language rights. It has to do with the rights of anglophones, and francophones I might add, to choose the language of their choice for commercial signage."

CBS Outdoors Canada and Pattison face 40 charges because they put up signs that were not in both French and English.

In October, a Dieppe spokesperson said there had been about 80 billboard violations.

The bylaw states that French must be either at the top of the sign, above the English text, or on the left of the sign with the English text on the right.

When Dieppe passed its sign bylaw, it did not apply to existing signs or the signs of chain stores.

Dieppe has allowed groups, such as cultural or educational institutions, to request the right to put up French-only or English-only signs.

The two sides will return to court in a month to set a date for their hearing.

Controversial history

Situated next to Moncton, Dieppe is the fastest growing francophone city in the province with a population of roughly 23,000. The two cities have become a retail hub for the Maritimes, but the majority of commercial signs in Dieppe were in English only.

New Brunswick is officially bilingual, but the province's language law does not cover the private sector. Any regulation over the language on signs in municipalities must come from the local government.

In 2009, about 4,000 people in the area signed a petition, which was submitted to council, requesting a bylaw to force businesses to put up bilingual signs. Eleven New Brunswick francophone organizations also joined together to pressure Dieppe council to proceed with a bilingual sign bylaw.

The mayor had hoped to persuade businesses to voluntarily switch to bilingual signs through education, but announced the proposed bylaw in November 2009.