Evidence of meeting #16 for Justice and Human Rights in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was french.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Gérard Lévesque  As an Individual
Geneviève Lévesque  As an Individual
Geneviève Boudreau  Director, Language Rights Support Program (PADL)
Guylaine Loranger  Legal Advisor, Language Rights Support Program (PADL)
Steven Slimovitch  Attorney, As an Individual

12:25 p.m.

As an Individual

Gérard Lévesque

I would just like to point out that Alberta does not have a provincial police force. The Royal Canadian Mounted Police provides law enforcement services there. RCMP representatives are open to discussions with representatives of French-speaking legal professionals.

Two years ago, Ms. Lévesque organized in Edmonton a meeting on access to justice in both official languages. We were very pleased to welcome three representatives of the RCMP to discuss both sides' suggestions to improve services to Canadians.

We were surprised that Alberta Justice did not agree to attend the meeting with the other 75 participants. We had a very good meeting, but the provincial government's main partner was missing.

12:25 p.m.

Conservative

The Chair Conservative Mike Wallace

Thank you very much for that.

Our final questioner for today is Madame Boivin.

12:25 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

I was the first person to ask questions and I will also be the last.

I want to use my time to first congratulate Geneviève. What you are doing as a young law student is quite amazing. I think you have chosen the best university when it comes to law.

That being said, I heard the issues raised by my Conservative colleague Mr. Wilks, but I think they are inconsistent with this review of Part XVII of the Criminal Code. We currently discussing the post-arrest stage. Be that as it may, perhaps we should study these issues in more depth. I have some sympathy for those problems, but the substantive issue here is whether that part's provisions are sufficient, as I said earlier.

I want to make sure I understood what you said, since we will soon start drafting our report.

Canada is a large country that is bilingual on a federal level. Bilingualism is probably much better reflected in Montreal than in the regions—such as Saguenay or elsewhere in Canada. Large bilingual cities like Montreal are few and far between. I just want to put this into perspective. I am a Quebecker who is proud of being able to write and read fluently in both languages. However, achieving that has required a great deal of effort and personal will. In some cases, this goes hand in hand with the individual's background and circumstances.

I understood what you meant when you said that some willingness was necessary. We are talking about political will, and perhaps we should remind our judiciary branch that it has some obligations under Part XVII of the Criminal Code. We must ensure that this issue is no longer left to the lawyers. I am not saying this is bad or good, but I know how things work in criminal law. On a morning when there are three or four offenders without a lawyer and no one has their lawyer cardex, whoever is in the room is chosen. Basically, in some cases, the language issue is not the lawyer's priority. Therefore, it may be preferable to leave that up to the individual presiding over the trial—the judge.

To ensure that political will—the real will to hold a trial in the language chosen by the defendant—judges should inform people of that right and of the fact that they can use it in the simplest possible way. In some remote areas—more rural areas or the regions across Canada—that may prove a bit more difficult, but the legislation already provides that this must be done and what must be done. I think that your testimony on that issue will prove to be rather edifying.

If I have understood correctly, you think this should also apply to the appearance and release stages, which are extremely important for defendants. Is that right?

12:30 p.m.

As an Individual

Gérard Lévesque

The appeal stage also plays a part, if applicable.

12:30 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

If I have understood correctly, sentence rendering and the related debate also come into play.

Thank you.

12:30 p.m.

Conservative

The Chair Conservative Mike Wallace

Thank you very much.

Thank you for those questions.

Thank you to our witnesses today. Thank you for the very informative discussion we had on this topic.

We will be having the Commissioner of Official Languages on Thursday, and then we will be giving directions to our library staff to help us develop a report on the study we will be doing. That will be happening in the next few weeks.

Thank you for joining us this morning.

Before we adjourn, I need someone to move the motion.

12:30 p.m.

An hon. member

I so move.

12:30 p.m.

Conservative

The Chair Conservative Mike Wallace

The budget has been moved for this study. All those in favour?

(Motion agreed to)

The meeting is adjourned.