Evidence of meeting #9 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 tool.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Catherine Vautrin  V.P. French National Assembly and its delegation, French Republican Party
Michel Doucet  Professor, Director, Observer of International language rights, Moncton University, As an Individual
Clerk of the Committee  Mr. Georges Etoka

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

Okay.

Agreed?

4:45 p.m.

Liberal

Paul Lefebvre Liberal Sudbury, ON

Yes.

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

I will tell you the dates for our future work. I contacted the chief justice of the Superior Court and talked to him about the problem of rulings in French and in English in Quebec. We could arrange to have a meeting at dinner time, since that is when he is available. I do not want to address the issue of separation of power or anything like that. I will organize a meeting at the parliamentary restaurant. He and I agreed to have the meeting on Tuesday, May 3. The members of the committee could come have their meal at the parliamentary restaurant with the chief justice of the Superior Court.

Mr. Arseneault, you have the floor.

4:45 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Which Superior Court are you talking about?

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

The Superior Court of Quebec.

4:45 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Who is the chief justice?

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

His name is Jacques Fournier.

4:45 p.m.

Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

What is the purpose of this meeting?

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

As the former president of the Quebec bar association, it has been a long time since this has bothered me. I will give you an example. In criminal law, judges in Quebec will usually refer to jurisprudence from other Canadian provinces, especially jurisprudence available in English, but the opposite is not true. In other words, judges from the other provinces will not refer to a ruling drafted or made by judge in French since, quite often, they cannot read French. That is the problem that Justice Fournier would like to raise with us.

I would like our group to hear him out in camera and then, if it is appropriate, I would like us to invite representatives from the Quebec bar association to come make more informal comments.

Yes, Mr. Lefebvre?

4:45 p.m.

Liberal

Paul Lefebvre Liberal Sudbury, ON

Mr. Arseneault wanted to speak before I did.

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

Okay.

Go ahead, Mr. Arseneault.

4:45 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

We will be talking strictly about criminal law. Is that what you're saying?

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

We will talk about criminal law, bankruptcies, and other areas under federal jurisdiction. I would say this affects all rulings. We have a bijural system in Canada: common law and civil law.

4:45 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Indeed. I am not saying there is no value in looking at what is happening in Quebec. For 23 years, I practised law 99% in French. However, when we look at common law, we look at the legal precedents of common law. On the other hand, you are right about criminal law. I believe that if this is strictly what we are talking about, Quebec rulings are consulted just as much as rulings in British Columbia or New Brunswick. It depends on the specifics of the case.

The interesting thing, and it is a sensitive topic, is the tools we have to use now as lawyers. Mr. Lefebvre could elaborate on that. The companies that supply the jurisprudence on our computers — there are two main companies — decide where to get the court decisions from. That is very important.

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

The idea is that there is no fixed topic for discussion. We will decide when we get there. I just wanted to confirm the date, Tuesday, May 3. I will ask the clerk to organize the meal at the parliamentary restaurant.

4:45 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

That's it.

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

Mr. Lefebvre, you have the floor.

4:45 p.m.

Liberal

Paul Lefebvre Liberal Sudbury, ON

As far as our study on the translation bureau is concerned, I feel like we have been discussing this for a number of meetings now. That is good, but we should start thinking about drafting our report and moving on to something else. There are a lot of other things to address.

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

I will get to that.

4:45 p.m.

Liberal

Paul Lefebvre Liberal Sudbury, ON

I think it is a good topic of discussion, but there are many others as well. We have looked at this issue from every angle.

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

Dates have already been set. The Commissioner of Official Languages will appear before us on May 2.

4:45 p.m.

Liberal

Paul Lefebvre Liberal Sudbury, ON

Yes, that's perfect.

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

Treasury Board representatives will be here on May 4.

I would also like to suggest two dates, May 9 and 11, for report writing.

4:45 p.m.

Liberal

Paul Lefebvre Liberal Sudbury, ON

All right, thank you.

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

That is my suggestion. I believe that Ms. Forget sent us a document, a draft report of sorts.

Mr. Choquette, you have the floor.