Yes.
Evidence of meeting #74 for Justice and Human Rights in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was accused.
A recording is available from Parliament.
Evidence of meeting #74 for Justice and Human Rights in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was accused.
A recording is available from Parliament.
4:30 p.m.
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
Yes.
4:30 p.m.
NDP
Wayne Marston NDP Hamilton East—Stoney Creek, ON
The question becomes pretty obvious. Why would there be an exception for New Brunswick?
That anglophone-francophone relationship has existed in New Brunswick for a long time, longer than in some of the other provinces. Why not make use of a travelling court instead? Particularly in a province as small as New Brunswick. Maybe this already has a natural life of its own. They do that in the northern regions, and it strikes me as something worth considering.
May 27th, 2013 / 4:30 p.m.
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
I think they're doing it in Manitoba as well. But the exclusion of New Brunswick in that provision was actually added by the Senate when it studied Bill C-13 in 2008. It doesn't change the substance of the provision. It simply recognizes, as you correctly point out, that New Brunswick courts are institutionally bilingual, and so they're—
4:30 p.m.
NDP
4:30 p.m.
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
Exactly.
4:30 p.m.
Senior Counsel, Public Prosecution Service of Canada, Office of the Director of Public Prosecutions, Department of Justice
Every judicial district in New Brunswick has bilingual judges and prosecutors, both federal and provincial, so it's not an issue.
4:30 p.m.
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
A change of venue is never necessary.
4:30 p.m.
Senior Counsel, Public Prosecution Service of Canada, Office of the Director of Public Prosecutions, Department of Justice
There should not be a need for it.
4:30 p.m.
Conservative
The Chair Conservative Mike Wallace
Thank you, Mr. Marston.
Our next questioner is Mr. Calkins, from the Conservative party.
4:30 p.m.
Conservative
Blaine Calkins Conservative Wetaskiwin, AB
Thank you, Chair.
Thank you to our witnesses.
I'm an Alberta member of Parliament. Back in about 2007 or 2008, a chap by the name of Mr. Caron got a traffic ticket in the province of Alberta. While this was neither federal jurisdiction or a federal court, it did end up in the Supreme Court of Canada, I believe.
I'm seeking some clarification here. Things don't seem to be adding up between what's actually happening on the ground and what is being said here, unless I'm misunderstanding what I've heard. The news reports I've seen indicate that his right to have his trial, or whatever it was, in French...even though Alberta has declared itself an anglophone province. That goes back, I believe, to decisions that were made in 1988 or something like that.
I'm seeking some clarification here because I'm a little confused. The cost to Alberta taxpayers, and all taxpayers, for that matter, to try to duplicate two complete judicial systems, would require basically all front-line law enforcement officers to be bilingual in a province where the overwhelming majority would not be bilingual. I'm wondering what some of the long-term ramifications would be of what appears to be a pathway the judicial system is going down, even at the provincial level.
Is there something I'm misunderstanding about the federal bilingual rights as outlined in the charter being confused with the provincial application of justice?
4:30 p.m.
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
I can start with Caron. The Caron case did make its way to the Supreme Court on the issue of interim costs that Mr. Caron was seeking.
His trial was—
4:35 p.m.
Conservative
4:35 p.m.
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
Okay.
But I think Monsieur Caron's appeal was heard before the Court of Appeal of Alberta just a few weeks ago. The court reserved judgment, so we're waiting for the decision.
4:35 p.m.
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
Yes, exactly.
We're waiting to find out whether all Alberta laws will be declared invalid, because that's what Mr. Caron is arguing.
4:35 p.m.
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
The Attorney General of Canada is not a party to those proceedings.
4:35 p.m.
Conservative
Blaine Calkins Conservative Wetaskiwin, AB
The ramifications would be wide-sweeping. If it held up in Alberta, it would set a precedent that would be national in scope.
4:35 p.m.
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
I agree.
4:35 p.m.
Conservative
Blaine Calkins Conservative Wetaskiwin, AB
I guess we'll just have to wait and see. It's an interesting case, to be sure. When this issue came up, I thought I would at least ask about it.
If you can't provide this committee with any further insights, I would welcome hearing from any of the others who might want to comment on what those ramifications might be, should Mr. Caron be successful.
4:35 p.m.
Senior Counsel, Public Prosecution Service of Canada, Office of the Director of Public Prosecutions, Department of Justice
In terms of court resources, I don't think there would be much difference. Alberta already has more bilingual judges and prosecutors than it needs, both federal and provincial prosecutors, and it's the same with judges. That's why they have to keep going back for training in French. There are not enough trials in that language and their French language skills sort of get lost because they work in English—
4:35 p.m.
Senior Counsel, Public Prosecution Service of Canada, Office of the Director of Public Prosecutions, Department of Justice
Yes, almost exclusively.
So it would all depend if the request is to have legislation...or stuff like that. Obviously I'd be speculating, so I can't really say. But in terms of the resources on the ground, I don't think it would make much of a difference.