Evidence of meeting #54 for Official Languages in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was quebec.
A recording is available from Parliament.
12:30 p.m.
Bâtonnière du Québec, Barreau du Québec
That was done in Judge Rowe's case.
12:30 p.m.
Liberal
12:30 p.m.
Secretary of the Order and Director of the Legal Department, Barreau du Québec
As Ms. Prémont was saying, when we are at the Supreme Court, it is obvious which judges can communicate with litigants. As you know, when we plead before the Supreme Court, time is measured. We don't have a lot of time, so we have to be very specific. We have to have a chance to answer the judge's questions, as there are no other legislative bodies beyond the Supreme Court. Every litigant wants to have their opportunity to convince the court. If the judge has no questions to put to the litigant because they are uncomfortable speaking the litigant's language, their questions will remain in their head. Sometimes, the judge and the litigant can communicate. Sometimes, the judge also wants to listen to the litigant to understand and grasp the entire argument put before them. If the judge is thinking about how to translate their questions into the litigant's language, they may miss part of what has been said. Of course, there are always briefs, but the judge's questions sometimes allow the litigant to add details that are not in the brief.
It is important for all judges to be able to speak both languages.
12:30 p.m.
Liberal
Linda Lapointe Liberal Rivière-des-Mille-Îles, QC
Okay, thank you.
Let's come back to the case of Quebec and its anglophone communities. I Know that Montreal is not the only place with anglophone communities; they are spread out across the province.
What do you think those communities need to be properly heard by judges?
12:30 p.m.
Bâtonnière du Québec, Barreau du Québec
It primarily depends on the region.
12:30 p.m.
Liberal
Linda Lapointe Liberal Rivière-des-Mille-Îles, QC
I am from the Lower Laurentians region, which includes Deux-Montagnes, Saint-Eustache, Boisbriand, Rosemère. The region is covered by the Saint-Jérôme court.
12:30 p.m.
Bâtonnière du Québec, Barreau du Québec
Okay.
Mr. Aylwin actually answered a question on that issue in this committee. He was not in a position to know whether there were enough anglophone judges in that region. Of course, chief justices can still ensure, when necessary, that a judge has a solid understanding of English before assigning them to hearings in the region in question. He gave an example where an anglophone judge was available to hear a settlement conference.
I come from Quebec City. It may be less frequent for us to need an anglophone judge or a perfectly bilingual judge because anglophone and francophone witnesses are involved. However, when necessary, at any time and without any issues, judges are able to listen to us.
That may be more difficult in certain regions. I don't think this is a problem in Montreal. I think that all the judges are perfectly bilingual and are capable of hearing a case in French and in English or entirely in English without any issues. In Saint-Jérôme, there may indeed be some difficulties in certain cases, but I could not speak to that personally.
12:35 p.m.
Liberal
Linda Lapointe Liberal Rivière-des-Mille-Îles, QC
Thank you.
I will change the subject.
Earlier, you talked about judgments that would be of interest to the rest of Canada. We have already been told that a small proportion of Quebec judgements were translated and that they were used much less as a result.
How many judgments would you say could be of interest elsewhere in Canada if they were translated, but are currently underused?
12:35 p.m.
Secretary of the Order and Director of the Legal Department, Barreau du Québec
The chief justices of all the courts should be consulted. They could tell you how many judgments a year are underused.
12:35 p.m.
Liberal
Linda Lapointe Liberal Rivière-des-Mille-Îles, QC
I understand not translating all the judgments. Some of them may actually be similar.
You were saying earlier that 1,350 pages were translated every year. Some funding has been provided, right?
12:35 p.m.
Secretary of the Order and Director of the Legal Department, Barreau du Québec
Let's take the Court of Appeal as an example. In years when funding was provided....
12:35 p.m.
Secretary of the Order and Director of the Legal Department, Barreau du Québec
On average, 25 judgments were translated regularly at the Court of Appeal of Quebec. In years when funding was provided, many more were translated.
12:35 p.m.
Bâtonnière du Québec, Barreau du Québec
The number of translated judgments doubled.
12:35 p.m.
Liberal
Linda Lapointe Liberal Rivière-des-Mille-Îles, QC
Was is sufficient to double that number or should it have been taken further?
12:35 p.m.
Bâtonnière du Québec, Barreau du Québec
I think that more judgments should be translated. However, we cannot tell you today how many additional judgments should be translated.
12:35 p.m.
Liberal
Linda Lapointe Liberal Rivière-des-Mille-Îles, QC
I understand that it varies depending on the judgment. For example, it would have been nice for the judgment in Éric v. Lola to be translated, as it affects family law.
12:35 p.m.
Bâtonnière du Québec, Barreau du Québec
Indeed.
Considering the number of judgments rendered, it is certain that the proportion of judgments that should be translated is fairly significant, and I don't think that the number of judgments currently being translated is close to it.
12:35 p.m.
Liberal
Linda Lapointe Liberal Rivière-des-Mille-Îles, QC
No. It's not a matter of numbers, but a matter of value.