Thank you, Mr. Chair.
I will try not to take the full 10 minutes and give my presentation as quickly as possible, so I can answer questions from Committee members.
Mr. Chair and members of the Committee, once again, thank you for welcoming me here today and inviting me to share my thoughts about the use of the Portage machine translation software.
First, allow me to introduce myself. I am a law professor with the University of Moncton’s Faculty of Law, and I specialize in language law. In addition to authoring numerous papers, book chapters and books on language rights in Canada, I have also had the opportunity to pursue a highly active legal career in this field, arguing a large number of cases before the courts of various provinces, the Federal Court and the Federal Court of Appeal, as well as a number of cases before the Supreme Court of Canada. I also sat for 10 years on the Canadian Human Rights Tribunal.
Since 2010, I have directed the International Observatory on Language Rights at the Faculty of Law of the University of Moncton. The Observatory’s mandate is to develop, support and promote language rights training and research in the programs offered by the Faculty of Law of the University of Moncton, as well as at provincial, national and international levels.
Since our inception, we have had an impact in a variety of ways. We have hosted a number of symposia on language rights, and I have also attended a significant number of symposia in Canada and around the world.
In keeping with our mandate to promote and research language rights, in 2014, we began publishing the Language Law Review, and in 2015 we launched our blog on language rights. In addition, we are about to publish a series of annotated language laws. We also have a “Legislation” section on our website with links to the constitutions of all states around the world as well as references to the various sections they contain that involve language rights. The site also features an interactive bibliography on language rights, annals of language rights, the newsletter, a research network, visiting scholars and guest speakers.
The Observatory also directed the third edition of Language Rights in Canada, a reference volume cited numerous times by the courts. I had the honour of co-editing it with the Honourable Michel Bastarache, a former Supreme Court justice.
However, I am not here today to speak about the Observatory, but rather to share my concerns about the decision to make the Portage machine translation software available to federal public servants. Whatever the reasons behind this decision or the software’s intended application, I believe this sets a troubling precedent that could have repercussions on the legal and constitutional obligations of federal institutions with respect to official languages.
I am not dismissing the idea that technology can play a role in translation or that these technological tools can save time and money. However, use of these technologies must not come at the expense of the language rights set out in the Canadian Charter of Rights and Freedoms and the Official Languages Act.
In Canada, outside Quebec, particularly at the federal level, French is generally a language of translation. Documents are mostly, if not exclusively, first written in English and then translated into French. Translators are often the ones solely responsible for the quality of French documents, and in instances where there is a dialogue involving both languages, translators can ensure the quality of English documents by identifying ambiguities that would probably not be apparent just by reading one linguistic version. Translators also make it possible for French to be a language of creation, not just a destination. Although machine translation software does have its place, it will never be able to ensure translation quality, since it can only blindly stick to the original text. In the past we have seen too many unfortunate cases where the translation was merely a poor approximation of what was written in the original language, thereby relegating the translated version to a secondary role.
Equality of official languages, a concept inherent to the language rights recognized by Canada, means that exercising these rights must not be seen as simply a response to a request for accommodation. Rather, the goal is to ensure that both official language communities receive service of equal quality in their chosen official language. The federal government’s linguistic and constitutional obligations include the obligation to provide the public with services of equal quality in both official languages.
The requirement to have documentation from federal institutions equally accessible to English-speaking and French-speaking Canadians is an important one, given Canada’s commitment to ensuring that both languages are of equal value and given their importance to the personal growth of all Canadians. Fully recognizing the equality of both official languages presumes not only that documentation produced by the federal government is available in both official languages, but that both versions are of equal value, meaning that there is not one version that is official and the other not official. In our view, this must be the case, since any other approach could end up placing one language above the other, which is contrary to the equality principle underlying the language rights entrenched in the Constitution of Canada, particularly section 16 of the Charter.
If both languages and official language communities have equal status, rights and privileges, then all members of the public should be entitled to receive equal treatment and not be put at a disadvantage depending on the official language they have chosen to use. Equal status of the official languages means that both official language communities must have access in their language to documentation that is equally authoritative and reliable.
For this to be possible, all political actors must adhere to the value represented by equality of both official languages. Taking a more dialogue-based approach to translation and giving authors greater responsibility for the translated versions of their documents are interesting avenues to explore. I am not satisfied that using translation software would achieve this. The time and money pressures given as reasons for using this software are just symptoms of a larger problem, namely that not enough importance is being placed on the quality of translations in Canada and the quality of services that must be provided in both official languages.
A bilingualism policy means respecting the principle of equality entrenched in our constitution. We must stop viewing one language as predominant and the other as simply an accommodation that can be satisfied by computer software. It is essential that federal institutions take greater responsibility for the linguistic versions of decisions.
This is why I join with those who have already said it and recommend creating a task force to conduct a comprehensive study of translation and the use of language technologies in promoting language equality by federal institutions. This task force should focus on the big picture, including issues surrounding the privatization of translation services. The purpose of this would be to look at developing a system to guarantee that Canadians can access service of equal quality in both official languages at all times that is consistent with Canada’s constitutional and legislative obligations.
Thank you for your attention.