Official Languages Committee on Nov. 22nd, 2011

[Rénald Rémillard]

The bilingual capability of judges is evaluated very much unofficially. Generally it's lawyers who are able to say, during an appearance, whether that person is able to understand French. That's often done by the lawyers' association, which is able to identify actual deficiencies when people appear. There is no external evaluation scale as such. There was a brief mention of a competency grid and the Centre canadien de français juridique, where they talk about that competency grid. It's in the process of being established to determine how to measure that competency.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

The Beaulac decision—with which you are no doubt familiar—is a Supreme Court decision that requires an institutional capacity in all tribunals under the Government of Canada's jurisdiction.

Don't you believe there should be that kind of grid, that kind of proficiency? I admit that I have been concerned for five years. With all the judges appointed, have we maintained a bilingual capability in our courts? It's important to know that.

[The Chair, Conservative, Michael Chong]

Thank you, Mr. Bélanger.

Ms. Forest-Niesing, your answer will have to be brief.

[Josée Forest-Niesing]

Yes, it will be brief.

Have we maintained it? We've just experienced a very disappointing situation, a setback, on the Supreme Court of Canada, which is the highest court in our bilingual country. The judicial appointments process is a very confidential process, for both the person who applies and for the entire process.

However, as Mr. Rémillard said, the evaluation is done unofficially. There is work to be done in that regard. I believe the competency grid that the Centre canadien de français juridique is proposing will give that aspect more credibility.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Will you be sharing that grid with us?

[Josée Forest-Niesing]

We will be pleased to do so as soon as it is ready.

[The Chair, Conservative, Michael Chong]

Thanks to our witnesses for their presentations.

The meeting is adjourned.