Official Languages Committee on Nov. 21st, 2017

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Mr. Chair, I want to assure my colleague that the position taken by the government with respect to my honourable colleague's private member's bill was supported by a legal opinion that was thoroughly researched, reflecting upon the Supreme Court of Canada's decision in the Nadon reference.

In that decision, the Supreme Court held unequivocally that changing the composition of the court, particularly and explicitly as it relates to the eligibility criteria, is the main reason why we were not able to support my colleague's private member's initiative.

[François Choquette, NDP, Drummond, QC]

Mr. Mendicino—

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Having said that, it does not mean that we don't support the objective. I simply referred to the appointment—

[François Choquette, NDP, Drummond, QC]

I understand your point of view, Mr. Mendicino, and I support it.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

—of Malcolm Rowe as proof that we're making progress.

[François Choquette, NDP, Drummond, QC]

I know that you are referring to the Nadon case, but my question for you is very simple: can you send the committee the list of experts and constitutional specialists you consulted? The opinion of certain experts is completely the opposite of what you have just said. We tried to find your experts and were unable to. No one wanted to appear as an expert. The person who did appear said that she was a neophyte in this area.

Can you simply send to the committee the observations of the experts you consulted internally?

Let's move on to another question.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Okay.

[François Choquette, NDP, Drummond, QC]

According to the nice letter from Mr. Samson, your department is working on a solution, on preparing a bill to solve the problem.

I will quote Subsection 16(1) of the Official Languages Act.

16(1) Every federal court, other than the Supreme Court of Canada, has the duty to ensure that: (a) [...] every judge or other officer [...] is able to understand English [...] (b) [...] is able to understand French [...] (c) [...] is able to understand both languages without the assistance of an interpreter.

So Section 16 states that all judges must understand French and English, with the exception of Supreme Court justices. What do you think of that?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

This is a very important issue.

I know that a lot of thought is being given to it.

Again, I want to assure my colleague that the government will consider any private member's bill that is put forward for the purpose of enhancing official languages capacity in our courts and will assess the merits of that bill on a principled basis, but of course, we have to—we must—respect the principles and the values that are enshrined in our charter.

[François Choquette, NDP, Drummond, QC]

Thank you, Mr. Mendicino.

I have another question on this topic. Are you going to table your own bill, as Mr. Samson mentioned, before the winter break?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

On this topic?

[François Choquette, NDP, Drummond, QC]

Yes, on the bilingualism of Supreme Court justices.

Will you be tabling your bill before the winter break? There is some urgency.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

I have discussed the action plan, and all of the progress and all of the measures.

[François Choquette, NDP, Drummond, QC]

I am referring to a bill on the bilingualism of Supreme Court justices.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

We are ready to discuss considering a bill with you and all of the members of the committee. By the same token, I want to point out that the progress—

[François Choquette, NDP, Drummond, QC]

I apologize for interrupting you, but I really don't have much time. I only have 15 seconds left. If I have some more time later, I will let you continue.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Okay.

[François Choquette, NDP, Drummond, QC]

Canada still does not have a Commissioner of Official Languages, but your department is working on it.

Who are the members of your department's selection committee?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

For...

[François Choquette, NDP, Drummond, QC]

To appoint the next person who will occupy the position of Commissioner of Official Languages. I know Kathleen Sheridan was one member, among others.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Yes.

[François Choquette, NDP, Drummond, QC]

Who currently sits on the selection committee? Could you send that information to the committee?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

I am going to let my colleagues answer this technical question. If we can respond, we will.

[François Choquette, NDP, Drummond, QC]

Thank you very much, Mr. Mendicino.

Do I have any time left, Mr. Chair?

[The Chair, Liberal, Denis Paradis]

Your time is up.

However, would either one of you like to answer the question? If you don't know who sits on the selection committee, that is not a problem. You can send the names to the clerk later.