Evidence of meeting #48 for Official Languages in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was subamendment.
A recording is available from Parliament.
4:55 p.m.
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
I would like to propose a subamendment to BQ‑7, Mr. Chair.
4:55 p.m.
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
If I'm not mistaken, it was sent to the clerk. Can you tell me whether that was the case?
4:55 p.m.
Liberal
The Chair Liberal René Arseneault
It appears that a copy was sent to everyone's personal emails.
Has everyone read Mr. Godin's subamendment?
Are there any questions?
Go ahead, Mr. Godin.
4:55 p.m.
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
Thank you, Mr. Chair.
I'm not sure whether Ms. Ashton—
4:55 p.m.
Liberal
The Chair Liberal René Arseneault
We've lost Ms. Ashton, it seems.
The meeting is suspended until she rejoins.
4:55 p.m.
Liberal
4:55 p.m.
Liberal
The Chair Liberal René Arseneault
That's great. Thank you.
Everyone has received Mr. Godin's subamendment.
Go ahead, Mr. Godin.
4:55 p.m.
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
Thank you, Mr. Chair.
In my view, the principle that no Canadian who participates in a judicial process should be prejudiced in his or her choice of either official language is an important principle. However, I would exclude from amendment BQ‑7 everything that comes after the word “person”.
As Mr. Newman said, we have no business interfering in the judicial process. We need to leave that responsibility where it belongs. The powers need to be separated.
Therefore, I would be in favour of accepting the text in the first three sentences of amendment BQ‑7 and deleting the rest of the text.
I think it is important that all Canadians have access to justice in both English and French across Canada. The number of judges is not important. What matters is that Canadians can be heard by judges in the language of their choice and in a timely manner.
5 p.m.
Liberal
The Chair Liberal René Arseneault
Thank you, Mr. Godin.
Ms. Lattanzio, you have the floor. Mr. Serré will be up next.
5 p.m.
Liberal
Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC
Thank you, Mr. Chair.
My question is the same as the one my colleague asked about the amendment.
Could problems or difficulties arise involving the separation of powers in terms of the amendment that was just proposed?
5 p.m.
Senior General Counsel, Constitutional, Administrative and International Law Section, Public Law and Legislative Services Sector, Department of Justice
I do not see any difficulties in this regard if we limit ourselves to saying that “[the] choice of either official language by a person appearing before a federal court shall not be prejudicial to that person”. The courts will take the ball and run with it, ensuring that the language rights already conferred by part III of the Official Languages Act are respected. I think this is an improvement, because there is no interference in the courts' affairs. There is no mention of the number of judges or what can be done, for example.
5 p.m.
Liberal
5 p.m.
Senior General Counsel, Constitutional, Administrative and International Law Section, Public Law and Legislative Services Sector, Department of Justice
That's right. It gives judges some discretionary power when it comes to implementing this principle.
5 p.m.
Liberal
The Chair Liberal René Arseneault
Okay. I see that there are no further comments.
The vote is on the subamendment.
(Subamendment agreed to: yeas 11; nays 0)
5 p.m.
Liberal
The Chair Liberal René Arseneault
The subamendment is carried.
We now move on to amendment BQ‑7 as amended.
Are there any questions? I see there are none.
The vote is on amendment BQ‑7 as amended.
(Amendment, as amended, agreed to: yeas 11; nays 0)
5 p.m.
Liberal
The Chair Liberal René Arseneault
Amendment BQ‑7 is carried unanimously.
That brings us to amendment LIB‑11.
Ms. Lattanzio, go ahead.
5 p.m.
Liberal
Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC
Thank you, Mr. Chair.
I would like to point out to the members of the committee that amendment LIB‑11 has been amended, so I am not moving it. In its new version, amendment LIB‑11 is still called LIB‑11, and it deals with the importance of equal access to justice in both official languages and the fact that this should be taken into account when appointing superior court judges.
5 p.m.
Liberal
The Chair Liberal René Arseneault
We are currently distributing the paper version of amendment LIB‑11. Those who are using the Zoom platform to participate in the meeting can already see this document in their personal email.
I will suspend the meeting while the document is being distributed.
5:05 p.m.
Liberal
The Chair Liberal René Arseneault
We are resuming the meeting.
Ms. Lattanzio, you can move the new version of amendment LIB‑11.
