Minister, the problem is that, when people arrive in Canada and file a claim, the Border Services Agency in Montreal systematically opens the files in English. Even if a lawyer asks, at the first opportunity, that the language of the proceedings be changed, it is already too late. According to board member Dumoulin's decision, it is at the moment when the government files the documents that the language of the proceedings applies. When the agency prepares its case, it does so in English. When the lawyer is assigned the case, the material is already prepared.
Fundamentally, one can wonder about the appropriateness of systematically opening the files in English. Shouldn't the default language in Montreal be French rather than English? In the case before us, the person spoke neither French nor English. The proceeding could very well have been conducted in French. The agency employs a lot of francophones, and they should have the right to work in French most of the time. In Montreal, the use of English should be the exception, as that of French is in Toronto.
That's one problem, but I have a more specific question to ask you. As minister, you'll have to instruct the Justice Canada lawyers who represent you in the Federal Court appeal. Are you going to tell them to fight to uphold the decision of board member Dumoulin and that you want to retain the restrictions on the use of French, or are you going to tell them to concede the appeal, that Mr. Handfield is right, that board member Dumoulin's decision creates a dangerous precedent, which is unacceptable, and that prejudice will have to be proven?