Thank you, Mr. Chair.
Welcome to the committee.
I am not a regular member of this committee. I dare say that I am not a lawyer either. Lawyers generally like to tell you that they are practitioners of the law, but I am telling you that I am not. I am a regular member of the Standing Committee on Official Languages, and what is going on these days matters to me.
I would like to read an excerpt from briefing notes prepared by the Library of Parliament's employees. At issue is the language spoken by the accused and part XVII of the Criminal Code:
The power to legislate in the area of official languages was not formally enshrined in sections 91 and 92 of the Constitution Act, 1867. It is an ancillary power related to the legislative authority of Parliament and the provincial legislatures over the fields assigned to them. Parliament has jurisdiction over the criminal law, and in 1978 it approved part XVII (language of accused) of the Criminal Code. The then Minister of Justice clearly stated the purpose of the original wording of the provisions of part XVII: It seems to me that all persons living in a country which recognizes two official languages must have the right to use and be understood in either of those languages when on trial before courts of criminal jurisdiction.
I am sure we can agree that for some provisions of the Criminal Code, provincial courts have jurisdiction. I noticed that you never mentioned Alberta. I do not know whether that was deliberate. I am not accusing anyone; you are not in the dock.