Official Languages Committee on Nov. 21st, 2017

Evidence of meeting #80 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 rulings.

A video is available from Parliament.

On the agenda

Full Implementation of the Official Languages Act in the Canadian Justice System

Committee Business

MPs speaking

Also speaking

Sacha Baharmand Counsel, Official Languages Directorate, Public Law and Legislative Services Sector, Department of Justice

Stephen Zaluski General Counsel and Director, Judicial Affairs, Courts and Tribunal Policy, Public Law and Legislative Services Sector, Department of Justice

Justice Jacques Fournier Chief Justice, Superior Court of Québec

Paul-Matthieu Grondin President of the Quebec Bar, Barreau du Québec

5:15 p.m.

President of the Quebec Bar, Barreau du Québec

Paul-Matthieu Grondin

Mr. Clarke, these decisions already exist. People made them a while ago. All existing rulings are available in at least one of the two official languages. That's translation.

Of course, if you say you want to translate all of them, we will be happy to, but we're trying to make reasonable requests. We have come a long way. Many people everywhere will agree that some rulings be published. This doesn't mean that they will agree with the outcome of the ruling. It may be that the outcome of the ruling is not what a committee member would have liked, but the committee member considers that this issue might influence the jurisprudence elsewhere. So, in a very general sense, the members of this committee will be independently minded. That must be clear.

5:15 p.m.

Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

You're right. Thank you.

Several people from francophone minorities outside Quebec have reported a situation. I think it's a very serious problem. I would like to know if, as Chief Justice of the Superior Court of Québec, you've heard about it.

It's been said that in several small Canadian municipalities outside Quebec, when a person waives their right to be served in their own language in a federal court, such as in Dalhousie, New Brunswick, for instance, it is considered to upset the community, sociologically speaking. Some statistics show that a person who asked to be served in the language of their choice is more likely to lose their case if they are French-speaking.

Have you heard about this problem? If so, I think it would be good for you to talk about it.

5:15 p.m.

Chief Justice, Superior Court of Québec

Chief Justice Jacques Fournier

If I had heard of this problem, I would have denounced it loud and clear. I'm not aware of similar cases. I can tell you that, in Quebec, if it turned out that a person was at a disadvantage because they had chosen to exercise a constitutional right and a judge was involved, the judge would have a serious problem. I would personally take a complaint to the Canadian Judicial Council. This is totally unacceptable in a country that insists so much on saying it's bilingual.

5:20 p.m.

Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Thank you.

5:20 p.m.

Liberal

The Chair Liberal Denis Paradis

Thank you very much, Mr. Clarke.

I would like to thank my friends Paul-Matthieu Grondin, president of the Quebec Bar, and Jacques Fournier, Chief Justice of the Superior Court of Québec, for their presentations and for providing insight to the members of the committee.

We will suspend the meeting for a few minutes before we go in camera.

[Proceedings continue in camera]