In the case of Quebec, I want to point out that the applications we receive do not involve the Criminal Code, but rather section 133 of the Constitution Act, 1867. There's a debate around what exactly the section means. It stipulates that any pleading or process before Quebec or Canadian courts may take place in either English or French.
The problem we have is this. The federal government set out its obligations in the Official Languages Act, but Quebec has not done that. Should the federal government's interpretation apply to Quebec? That's the question we see raised. That's the answer I can give you.
Are there problems? The answer is yes. Is the situation more problematic in Quebec than elsewhere? No.
I teach law and I work with other universities as part of the Sopinka Cup moot competition in the area of criminal law. I watch students do research and observe trials. I also watch how things unfold. There's always a good excuse not to hold a trial in the language of the accused: the bilingual prosecutor or the bilingual judge is sick and there's no one else available to replace them that day. That's the case all over the country, and the following question has to be answered. What remedies are possible?