Evidence of meeting #13 for Justice and Human Rights in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was accused.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Michel Francoeur  Director and General Counsel, Official Languages Directorate, Department of Justice
Renée Soublière  Senior Counsel, Litigation Coordinator and Supervisor, Official Languages Directorate, Department of Justice
Robert Doyle  Senior Counsel and Chief, Executive Secretariat, Public Prosecution Service of Canada

12:25 p.m.

Director and General Counsel, Official Languages Directorate, Department of Justice

Michel Francoeur

My colleagues can add to my response as I am not completely familiar with the case. However, it appears clear to us that the Criminal Code clearly states that every accused has the right to a trial before a judge, a crown attorney and a jury who speak the same official language as him or her. These rights are very clear. If a court misreads, misunderstands or misinterprets these provisions, it is up to the accused and his or her counsel to determine what the next step should be to ensure this right is respected. In some cases, they will appeal the decision.

12:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

I see, Mr. Francoeur. I just want to make sure I have understood correctly. Does this also apply to a criminal court under provincial responsibility?

12:25 p.m.

Director and General Counsel, Official Languages Directorate, Department of Justice

Michel Francoeur

Yes, definitely.

12:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

So you are confirming that the accused has the right to be heard by a judge speaking his or her language.

February 25th, 2014 / 12:25 p.m.

Senior Counsel, Litigation Coordinator and Supervisor, Official Languages Directorate, Department of Justice

Renée Soublière

Yes, that is correct.

12:25 p.m.

Director and General Counsel, Official Languages Directorate, Department of Justice

Michel Francoeur

That is correct, whether judges are appointed provincially or federally.

12:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

We will have to make sure we send the transcript for this meeting to the Commissioner of Official Languages, given what he was told by the federal Department of Justice.

12:25 p.m.

Director and General Counsel, Official Languages Directorate, Department of Justice

Michel Francoeur

Sections 530 and 530.1 of the Criminal Code clearly set out the right to a trial before a judge, a prosecutor and a jury who speak the same official language as the accused.

12:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Doyle, earlier you stated that Canada has many bilingual judges.

12:25 p.m.

Senior Counsel and Chief, Executive Secretariat, Public Prosecution Service of Canada

Robert Doyle

Yes, that is true.

12:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Is that really the case?

12:25 p.m.

Senior Counsel and Chief, Executive Secretariat, Public Prosecution Service of Canada

Robert Doyle

Yes, we do have enough.

12:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

All across Canada?

12:25 p.m.

Senior Counsel and Chief, Executive Secretariat, Public Prosecution Service of Canada

12:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

In every province?

12:25 p.m.

Senior Counsel and Chief, Executive Secretariat, Public Prosecution Service of Canada

Robert Doyle

Yes, in every province.

12:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Are there enough bilingual judges in the appeal courts?

12:25 p.m.

Senior Counsel and Chief, Executive Secretariat, Public Prosecution Service of Canada

Robert Doyle

Yes, there are.

12:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

So there is no problem?

12:25 p.m.

Senior Counsel and Chief, Executive Secretariat, Public Prosecution Service of Canada

Robert Doyle

The problem is in the matching. Often, it is difficult to match the capacity of the system to the need. Needs appear where there is a lack of capacity.

12:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

I see. Let us consider, for example, British Columbia. It is possible that there are no bilingual judges in Prince George, but there are some elsewhere in British Columbia, in Vancouver, for example. Is that correct?

12:25 p.m.

Senior Counsel and Chief, Executive Secretariat, Public Prosecution Service of Canada

12:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Perfect, that supports the need for my bill regarding the appointment of bilingual judges to the Supreme Court of Canada. Thank you very much.

12:25 p.m.

Some members

Oh, oh!

12:25 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

I could see where you were going.