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.
Director and General Counsel, Office of Francophonie, Justice in Official Languages and Legal Dualism, Department of Justice
From 2008 to 2013, $40 million was allocated. From 2013 to 2018, I believe that $39 million has been allocated.
NDP
Hoang Mai NDP Brossard—La Prairie, QC
It was approximately the same, but it was hundreds of thousands of dollars less.
Director and General Counsel, Office of Francophonie, Justice in Official Languages and Legal Dualism, Department of Justice
Over the next five years, $40 million more will be allocated. This amount will be spread out over five years. Of course it is not for each year.
Does that answer your question?
NDP
Hoang Mai NDP Brossard—La Prairie, QC
So you said that $48 million was allocated between 2008 and 2013.
Director and General Counsel, Office of Francophonie, Justice in Official Languages and Legal Dualism, Department of Justice
No, $40 million has been allocated since 2008.
Is it the same amount from 2003 to 2008?
Mathieu Langlois Department of Justice
Precisely $21.2 million was allocated from 2003 to 2008.
Then in 2008, this amount was increased by injecting more money into the training component.
Director and General Counsel, Office of Francophonie, Justice in Official Languages and Legal Dualism, Department of Justice
The amount allocated in 2003 of the Official Languages Action Plan, now called the Roadmap for Canada's Linguistic Duality, was $21 million.
A few years later, this amount was increased and $19 million more was granted in order to include legal terminology training for the various players in the legal systems. Since that $19 million was added in 2008, the total amount is approximately $40 million.
Conservative
The Chair Conservative Mike Wallace
Thank you for those questions and answers.
Now we have Monsieur Goguen, from the Conservative Party.
Conservative
Robert Goguen Conservative Moncton—Riverview—Dieppe, NB
Thank you, Mr. Chair.
Under section 533.1 of the Criminal Code we must undertake an in-depth review of this part.
Ms. Soublière, you suggested that we communicate with the provinces. I don't think it's possible to know whether or not this is working well unless we speak to the provinces.
Do you agree?
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
I absolutely agree.
Conservative
Robert Goguen Conservative Moncton—Riverview—Dieppe, NB
Given that the provinces are responsible for court services, do you have any suggestions to make in terms of the best methodology to use in order to do this work with the provinces?
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
Perhaps I can allow my colleague, Robert Doyle, to answer that question.
Senior Counsel, Public Prosecution Service of Canada, Office of the Director of Public Prosecutions, Department of Justice
I am the secretary of the Federal/Provincial/Territorial Heads of Prosecutions Committee. That committee, as well as the Association of Canadian Court Administrators, would be in the best position to direct you to individuals who could answer your questions. Those two organizations are actually responsible for applying those provisions.
Conservative
Senior Counsel, Public Prosecution Service of Canada, Office of the Director of Public Prosecutions, Department of Justice
Yes.
I can provide you with the list of the heads of prosecutions as well as that of the court administrators.
Conservative
Conservative
The Chair Conservative Mike Wallace
Thank you very much.
Our next questioner is Ms. Murray, from the Liberal Party.
Welcome. You have five minutes.
Liberal
Joyce Murray Liberal Vancouver Quadra, BC
Thank you.
Thank you very much for the fascinating presentation.
Has the provision of services in the accused's primary language for anglophones in Quebec been an issue similar to francophones in other provinces, or is the problem that was identified and is being addressed primarily for francophone Canadians?
Senior Counsel and Litigation Coordinator, Official Languages Law Section, Department of Justice
The right that's granted in section 530 is a right to trial in the official language of choice by the accused. In Quebec, if an anglophone wishes to proceed with a trial in English, he or she has a right to ask for a trial in the English language.
Are the challenges and the obstacles the same? I'm not sure. I think it's probably less of a problem in the province of Quebec to proceed to a trial in English, but I'll let my colleague Robert Doyle answer fully.
Senior Counsel, Public Prosecution Service of Canada, Office of the Director of Public Prosecutions, Department of Justice
It has traditionally not been a problem. However, at the heads of prosecutions table, we are now hearing that it's becoming a bit of an issue in remote areas. It's not a problem in Quebec City, Montreal, and obviously in the Outaouais—the larger centres—but as soon as you go into the Saguenay and places like that, it may be an issue. There again, it's nothing to the extent found in Beaulac, or some of the other case law we have seen for francophones elsewhere in Canada.
Liberal
Joyce Murray Liberal Vancouver Quadra, BC
What are the measures for ensuring there are enough judges to be able to provide services in both languages? Do you need to attract...especially in the west? I'm from British Columbia. Is there a heavier caseload for francophone judges if there are fewer of them, and how does one ensure an adequate availability of expertise in both languages?
Senior Counsel, Public Prosecution Service of Canada, Office of the Director of Public Prosecutions, Department of Justice
So far it's been based on census data. There is a bit of an oversupply of bilingual judges or bilingual crown prosecutors right now. That is because of the issues I mentioned in my presentation with the accused persons not necessarily opting for a trial in their language.
It's never been an issue, including in B.C., actually. It's been an issue for juries, but certainly not for judges, and definitely not for crown prosecutors. I must admit that the crown prosecutors strike helped a lot because Alberta and B.C., in particular, raided Quebec for prosecutors and stocked their own complement.
Conservative
The Chair Conservative Mike Wallace
Ms. Murray, you have two minutes.
That was in French, by the way.