I want to share an example that shows how the ministry currently interprets French-language forms regarding the Criminal Code. Under the legislation, some forms are provided in both French and English, while others are mentioned but not available in French.
At the court service desk, I asked for the French version of the form whereby clients authorize counsel to represent them but was told that the form was not available in French. So I asked for the bilingual version, and again, I was told that no such version existed.
Consequently, I had to ask my client to waive his rights and to sign an English-only form. I, too, had to sign the form as his counsel. But I asked my client for permission to disclose his identify in a letter I intended to send the ministry to rectify the denial of that right.
The reply I received from the Ministry of Justice was written by the Deputy Minister of Court Services. She said that, in Alberta, in order to receive a French-language form, even under the Criminal Code, it was first necessary to apply for and obtain an order authorizing the trial to take place in French and then to prepare the form oneself. That is unfair treatment given that the English-language form is available for free at the service desk to any person appearing before the court who wants it.
Worse still is that the English-language form prepared by the province contains a section reserved for ministry employees to help with the administration of justice. So when one does prepare the French-language form themselves, it makes the job of ministry employees harder.
What's more, it is incredibly difficult to file a form in French, something I experienced in both Fort McMurray and Calgary. Ministry staff wonder why they are receiving a version of a form they have never seen when the official form exists in English, so they doubt the legality of the form we prepared. The service desk would not accept my form without a letter from the ministry instructing me to write the document myself if I wanted to have one in French.
In our brief, you will find many similar examples with explanations on the failure to respect language rights in criminal matters in Alberta.