Evidence of meeting #72 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 languages.
A recording is available from Parliament.
4:50 p.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
I am thinking of the $1,500 amount. If he needs a lawyer's help, is that amount a deterrent?
4:50 p.m.
As an Individual
I think that, if the remedy granted is $1,500, and if you have to go through the entire court process, hire a lawyer, and carry on with the rest, not many people would do it. However, I hope that, if there were an easier mechanism, people would use it.
I made a considerable effort to prepare my first case, and if the judge had told me I would be awarded a remedy of only $1,500, I would have felt that was not enough. I sought $500,000 the first time. That figure included punitive and exemplary damages. I thought it made no sense to call in the police after all those years of requesting service in French without it being granted to me. I was angry and I sought $500,000. Then I read some law books and understood that $500,000 was too much to ask.
4:50 p.m.
Some hon. members
Oh, oh!
4:50 p.m.
As an Individual
I devoted hundreds of hours to this matter. If someone had told me I would ultimately be awarded $1,500, I would have told him to go take a hike and would have been unable to continue. Now it is easier because I only need to use my telephone. I already have the necessary forms and I know how the system works. I can afford to take action.
4:50 p.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
Allow me to interrupt you.
For you, $1,500 is good because the process is quick, but is that amount not a deterrent for a neophyte?
4:50 p.m.
As an Individual
I think that would make for a good debate. We could review the system in five years. Whatever the case may be, it is better than the amount currently offered. Today people do not know whether they are going to be paid $100, $200 or $500. As I told Mr. Généreux, in an airport where we recently found ourselves, the airlines responsible for overbooking aircraft were offering $800 to people who were prepared to wait for the next flight.
In this case, we are talking about a violation of charter rights. It is important to understand that I was not the one who set the $1,500 amount. It was the judges of the Federal Court, the Court of Appeal and the Supreme Court of Canada. They considered the matter and, having regard to other cases in which rights had been violated, charter rights in this case, pondered what such a violation might be worth. There were previously no relevant scales. The courts considered that, as the amount had been $3,000 in one case and $10,000 and another, the violation was worth $1,500. It was the courts that decided on the amount, not me. In short, they found that a violation of charter language rights was a serious act and that, consequently, the amount awarded would be $1,500. I think that is a good start.
Will that solve all problems? No.
I hope it will ensure that offenders have their wrists slapped a little harder and that the problems are solved.
4:55 p.m.
Liberal
The Chair Liberal Denis Paradis
Thank you very much, Mr. Thibodeau. Your testimony here today has been very informative for committee members. On behalf of everyone, once again, thank you very much.
The committee will reconvene next Tuesday.
The meeting is adjourned.