Evidence of meeting #39 for Official Languages in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was bilingual.
A recording is available from Parliament.
Senior General Counsel, Immigration and Refugee Board of Canada
Just to explain, I want to go back to the first point and address the second one at the same time.
If, for example, as you suggest, we started all the procedures in French, that would go against the charter and the Official Languages Act. It is up to the subject to choose the language of proceedings and that is done in accordance with our rules. People must indicate their choice.
Conservative
The Chair Conservative Steven Blaney
That's great. Thank you very much.
Thank you very much, Mr. St-Cyr.
Senior General Counsel, Immigration and Refugee Board of Canada
It is not done automatically in English.
Conservative
The Chair Conservative Steven Blaney
We'll come back to that. Thank you very much.
We will continue with Mr. Godin.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
Thank you, Mr. Chair.
I would like to welcome our witnesses.
Could you continue with your explanation? You are saying that it is not automatically done in English or in French.
Senior General Counsel, Immigration and Refugee Board of Canada
Not at all.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
Even in Toronto? Does it not happen more in English than in French? It is at the client's request?
Senior General Counsel, Immigration and Refugee Board of Canada
It is at the client's request 100%. We must follow our rules and respect the Canadian charter and the Official Languages Act.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
For example, a client submits an immigration application. At the outset, he makes the request for the language of communication of his choice.
December 16th, 2010 / 9:10 a.m.
Senior General Counsel, Immigration and Refugee Board of Canada
Absolutely.
Senior General Counsel, Immigration and Refugee Board of Canada
It goes on from there.
Senior General Counsel, Immigration and Refugee Board of Canada
Exactly.
In terms of the issue of documentary evidence, the minister has to submit the evidence in the language of proceedings at any given moment. So, in the example given earlier, we should already know the person's choice at the beginning of the proceedings. It is usually indicated on the PIF.
Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada
The information form.
Senior General Counsel, Immigration and Refugee Board of Canada
It is the information form that the person takes to the court in question, for example.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
I would like to understand the procedure. Let's suppose the proceedings have started and the person made a request for the language of his choice. The person is in Montreal, but decided, say, to proceed in English. He has a lawyer who speaks English very well and that's why he asked for the proceedings to be held in English. But his lawyer is not working out. He knows it is going nowhere.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
He is paying big bucks and it's costing him a lot, but it's going nowhere. So he has to get a new lawyer all of a sudden. He ends up with a francophone lawyer. What is the procedure then to change all the documents and give him justice?
Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada
As Ms. Cox-Duquette explained and as the Federal Court agreed, that's the documentation that was already submitted and it's already on the record. Let's suppose the procedure started in English. The documentation submitted in English stays in English, even if the language of proceedings changes to French. But, from the time the language of proceedings changes to French, all the documents must be submitted in French.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
The department would have submitted the evidence or the documents in English because the language was initially English, but if we want the person to be treated fairly, as soon as he has a new lawyer who is francophone, the proceedings will unfold in the language of his choice.
Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada
We are talking about the language chosen by the subject.
Executive Director, Office of the Executive Director, Immigration and Refugee Board of Canada
Sometimes there can be situations where the subject chooses English in Montreal, for example. The reverse can happen in Vancouver. If someone in Montreal chooses English and his lawyer prefers to do presentations before the court in French, we make sure that the subject gets interpretation from French into English. But it is always his choice that takes precedence in the proceedings.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
Let's take the case of an individual who wants to change the language because he has new counsel who is francophone and doesn't speak a word of English. What would the procedure be if he wants the previous documents to be in French? I'm not talking about new documents, since you said that this starts from the moment when the individual wants to change the language of the proceeding. Are you saying that, since this has already taken place before the court, it isn't necessary?