Official Languages Committee on Dec. 16th, 2010

Evidence of meeting #39 for Official Languages in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was bilingual.

A recording is available from Parliament.

On the agenda

Offer of Bilingual Services at the Immigration and Refugee Board of Canada

Committee Business

MPs speaking

Also speaking

Simon Coakeley Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada

Diane Lacelle Director General, Human Resources and Professional Development Branch, Immigration and Refugee Board of Canada

Sylvia Cox-Duquette Senior General Counsel, Immigration and Refugee Board of Canada

Serge Gascon Director General, Corporate Planning and Services Branch, Immigration and Refugee Board of Canada

9:10 a.m.

Senior General Counsel, Immigration and Refugee Board of Canada

Sylvia Cox-Duquette

It is very important to point out two other things. The individual may choose to change the language of the proceeding for the simple reason that his counsel is more comfortable in the other language. But, even if the proceeding is held in English, or French, in this case, don't forget that anyone appearing before a federal tribunal has the right to address the tribunal in the official language of his or her choice.

9:10 a.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

No, I don't think so.

9:10 a.m.

Senior General Counsel, Immigration and Refugee Board of Canada

Sylvia Cox-Duquette

As a result, counsel always has this choice, regardless of the language of the proceeding.

9:10 a.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

No, I'm not talking about the language of the proceeding, but rather the documents.

9:10 a.m.

Senior General Counsel, Immigration and Refugee Board of Canada

Sylvia Cox-Duquette

As for the documents, you're absolutely right. You've understood it correctly; that's how it works.

9:10 a.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

In other words, if he chose English, for example and, along the way, he has new counsel or his counsel doesn't feel comfortable in French. From that moment on, the documents would be submitted in French, but the previous documents would stay as they are.

9:10 a.m.

Senior General Counsel, Immigration and Refugee Board of Canada

Sylvia Cox-Duquette

That's right.

9:10 a.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Let's suppose that someone says that he or she needs to have some documents translated into the language chosen by the subject, as you said. But it isn't the individual who is pleading the case, it's the counsel. Is there a procedure in place to have previous documents translated?

9:10 a.m.

Senior General Counsel, Immigration and Refugee Board of Canada

Sylvia Cox-Duquette

The department has obligations, such as ensuring that hearings before the tribunal take place in French. Nothing is preventing anyone from having these documents translated, but the department must ensure that the documentary evidence is in French, except when the language of the proceeding has been changed. In this case, this does not apply to documents that have already been submitted.

9:10 a.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Meaning that the legislation would need to be changed if we want…

9:10 a.m.

Senior General Counsel, Immigration and Refugee Board of Canada

Sylvia Cox-Duquette

That's right.

9:15 a.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Okay.

9:15 a.m.

Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada

Simon Coakeley

Nothing is preventing me, the individual, from having the translation done at my own expense.

9:15 a.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

No, I don't think that people would be interested in doing that.

9:15 a.m.

Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada

Simon Coakeley

It's important to say that, if the original document was in a language other than the one requested by the minister…

9:15 a.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Did you say that the small number of complaints you receive… it's actually minimal? It seems to me that, if I were an immigrant who wanted to come here, I wouldn't want to whine too much.

9:15 a.m.

Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada

Simon Coakeley

The lawyers who plead…

9:15 a.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

I'm speaking Acadian.

9:15 a.m.

Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada

Simon Coakeley

… before us are not immigrants.

9:15 a.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

That depends.

9:15 a.m.

Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada

Simon Coakeley

You have to be a Canadian citizen to be a lawyer.

9:15 a.m.

A voice

Even so, they aren't all lawyers.

9:15 a.m.

Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada

Simon Coakeley

True.

9:15 a.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

If a client files a complaint, he will then have the services of a lawyer. I don't think I said that…

9:15 a.m.

Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada

Simon Coakeley

Normally, given that a lot of people who appear before us have recently arrived in Canada, they are going to trust the advice their representatives give them.