Thank you for the question.
In my eighth recommendation, I mention that the OLA should be amended to mandate the establishment of an independent tribunal to adjudicate violations of the OLA and to provide the power to impose remedies and financial penalties. I suggest following the model of human rights tribunals.
I make such a recommendation because in the past I have found that citizens file complaints with the Commissioner of Official Languages, and then the commissioner investigates and files a report with recommendations; then there are very few subsequent results.
There are results only when, subsequently, the commissioner himself or the complainant takes the case to the Federal Court and it is handled at the judicial level.
In my view, the current process lacks teeth. I think the commissioner can continue to have the same powers. However, when he makes a report that the complaint has merit and the respondent is not prepared to resolve the case through negotiations and agreements, the complaint should automatically be filed with an independent tribunal. This would be a Canadian language rights tribunal. It would have the same powers as a human rights tribunal.
It would act as an independent tribunal and, indeed, there would be a right of appeal. A party who disagrees with the decision of the language rights tribunal would have the right to appeal to the Federal Court and, if necessary, to the Federal Court of Appeal.
It is important that this tribunal be able to act quickly. Three people, who would be independently appointed, could act one at a time. So there would only be one judge at a time, and that person could make decisions.