Very well. You took me slightly by surprise.
First of all, thank you very much for having invited me this morning to share the achievements of the Department of Justice within the framework of the Official Languages Action Plan.
My name is Andrée Duchesne. I am Senior Counsel and Manager at the department, where I deal primarily with Justice in Official Languages in our Francophonie office, Justice in Official Languages and Legal Dualism, a title that we have not been able to shorten for obvious reasons.
My sector is responsible for the coordination and implementation of section 41 of the Official Languages Act within the department, in particular, but also for departmental initiatives that affect access to justice in both official languages. It is this initiative that comes directly from the action plan for official languages and it will be the subject of my presentation this morning.
The action plan for official languages has three main axes. The initiatives in the area of justice fall under the axis of community development.
Under the action plan, Justice Canada receives funding to meet the government's legal obligations stemming from the implementation of the Legislative Instruments Re-enactment Act and the Federal Court ruling in the Contraventions Act matter. We received for these initiatives $27 million over five years. In addition, the department received funding, $18.5 million over five years, to implement targeted measures aimed at improving access to the justice system in both official languages.
These measures are the following: funding for various projects to be carried out with the assistance of government and non-government partners, stable funding for the seven provincial French-speaking lawyers associations and their national federation, the creation of a mechanism for consultation with minority official language communities, and the development of tools for training Department of Justice legal counsel on language rights.
My presentation today will focus on these last measures, and I will explain how they were implemented and the short-term impact they have in the area of access to justice in both official languages.
If I may, I will first of all say a few words about the Support Fund for Access to Justice in both official languages. The main objective of the support fund is to contribute to better access to the justice system in both official languages, while recognizing the shared areas of jurisdiction in the administration of justice and the various constitutional, legislative and administrative measures related to official languages before the courts.
More specifically, the fund is intended to increase the ability of stakeholders to develop innovative solutions for justice issues related to access to justice in both official languages, as well as educating the legal community and the minority official language communities about exercising their rights and increasing their awareness about issues related to access to justice in both official languages.
The nature and scope of these objectives reflects the reality which is that the administration of the courts is largely a provincial area of jurisdiction whereas the education of communities is primarily a community initiative. Therefore, the department has taken on the role of catalyst, mostly targeting the growth in the capacity of stakeholders involved in the area of access to justice in both official languages.
In 2003, the Department of Justice set up the Support Fund for Access to Justice in both official languages. The department used this leverage to support the seven French-speaking lawyers' associations and their national federation to give them an enhanced ability to act. The department provided core funding to these organizations so that they can fully play their role of informing minority official language communities, and participating in the development of these communities.
One of the most visible results of this core funding was the implementation of stable administration for the French-speaking lawyers' associations and their national federation. These organizations can concentrate on concrete activities that are intrinsic to their mandate, such as the delivery of French-language legal training, the development of jurilinguistic tools and awareness activities for the legal community and the members of minority official language communities.
Additionally, the core funding has allowed the French-speaking lawyers' associations to build networks and partnerships in various quarters. The associations participate in activities such as round tables and regional, provincial and federal committees. This participation puts them in touch with community stakeholders, both legal and governmental. Furthermore, the associations are then in a better position to work with provincial and territorial governments on the issues of access to justice in both official languages.
Finally, the core funding provided to the French-speaking lawyers' associations and their national federation has given them a higher profile in the eyes of the communities, their members and governments. The associations have become an important resource to their communities and credible partners for provincial and territorial governments.
I would add a few words about project funding. This is the second component of the Support Fund for Access to Justice in both official languages. This component aims to increase the awareness of official language communities in a minority situation or to increase the capacity of an organization to meet the needs of the communities in terms of access to justice in both official languages. Since the implementation of the support fund, the department has received 183 applications for project funding. These projects include, for example, workshops for lawyers, developing models for legal documents, workshops on legal terminology and awareness programs for young people focused on careers in the legal sphere in French.
The department encourages recipients to obtain support, financial or otherwise, from other resources for their projects. So far, at least 50% of the projects have received such support. From the outset, the department has provided close monitoring of these projects, resulting in a relationship of trust with the beneficiaries. Since the start of the support fund, the department has held information sessions with the objective of sharing relevant information on the selection criteria, eligibility, the goals and the process to be followed in applying for funding. Moreover, departmental program analysts are available to quickly answer recipients' questions.
The system for processing applications developed by the department was intended to deal with funding applications quickly. Generally speaking, there is a 24-day period between the review of a request and the date of a formal decision.
I'll say a few words on the consultation mechanism.
We established a number of advisory committees. They are the advisory committee on justice in official languages; the subcommittee on access to justice in both official languages; and the FPT working group on access to justice in both official languages.
The mandate of the advisory committee is to act as liaison between the Department of Justice and legal and official language minority stakeholders. The committee is composed of six members from the department and organizations that speak for official language communities. At the meetings of this committee, members have an opportunity to discuss needs, concerns, and avenues to be explored in relation to access to justice in both official languages. Stakeholders note that this cooperation between the department and the organizations that sit on the advisory committee provide them with a better understanding of the needs of official language minority communities and of the capacity of the Department of Justice to take action in respect of issues relating to the administration of justice in both official languages.
The access to justice subcommittee deals specifically with issues of access to justice in both official languages. There are 30 to 40 participants at this subcommittee, with representatives of the department, organizations that speak for the official language communities, linguistic centres, law faculties, and francophone affairs officials of the provinces and territories. Members are expected to coordinate their activities, exchange information, and identify needs for tools to be developed. This subcommittee holds one meeting per year.
Members of the subcommittee see it as an efficient discussion forum where the various stakeholders working in the legal system and in community associations can get to know one another and network. The meetings held to date have provided an opportunity to exchange information about access to justice in both official languages, the needs of the communities concerned, activities undertaken, and avenues to explore in the future. As well, the department uses the subcommittee to inform members about activities undertaken by the support fund and to involve them in the management and future planning of the support fund for access to justice in both official languages.
I have a few words on the FPT working group on access to justice in both official languages.
The FPT working group is composed of representatives of the department, again, and of the provincial and territorial governments. The FPT working group was created to enable the federal, provincial, and territorial governments to coordinate their efforts and share information relating to access to justice in both official languages. All provinces and territories are represented in the working group, with the exception of Prince Edward Island. Although P.E.I. does not participate in the meetings, it has asked to be kept informed about what happens.
The working group has given the provinces and territories an opportunity to get involved in access to justice in both official languages. It is in fact the main forum through which the provinces and territories can identify their often similar needs in relation to access to justice in both official languages, discuss best practices, and develop common solutions. Opportunities to work on these together often emerge through discussions within the working group.
Our third component deals with developing tools for legal counsel within the department.