Mr. Speaker, it is a real pleasure and honour to rise today and speak to the bill introduced by my colleague, the member for Acadie—Bathurst. When I was first asked to speak to this bill I thought it was quite interesting, and as a unilingual anglophone and a person who at this stage of my advanced years is trying to learn French and is spending a fair amount time at it, it is quite an honour for me to be able to stand and speak to this issue today.
There is a requirement in this bill that all individuals appointed to the Supreme Court of Canada be able to understand the proceedings before them in both English and French without the aid of an interpreter.
The Government of Canada strongly supports the promotion of both official languages, French and English, in our society. It is a reality in my province of New Brunswick and in my riding of Tobique—Mactaquac. Our bilingualism is a fundamental aspect of our national identity. Consequently, it is crucial that the Supreme Court, which is at the pinnacle of our legal system, reflect this aspect of our country's character.
Since the Supreme Court sits at the pinnacle of our justice system, it is very important that it reflect an element of our country's character, that French and English are our official languages. In New Brunswick, 33% of our population is francophone, so this is very important.
Allow me to outline briefly the constitutional context in which language rights are exercised in our judicial system. Section 133 of the Constitution Act, 1867, and subsection 19(1) of the charter provide that either English or French may be used in any court established by Parliament.
Subsection 16(1) of the Official Languages Act sets out the obligation, for federal courts, to appoint judges who can hear a case in their official language or in the official languages of their choice, directly, without the assistance of an interpreter.
Furthermore, we are required to hear the parties in their chosen official language without the aid of an interpreter.
Because of the special nature of it being the highest court and the fact that it is comprised of only nine judges chosen from different regions of the country, I think it is important that we reflect on that. The Supreme Court has to reflect the values and principles of all of Canada and all our different regions, and that includes Quebec, New Brunswick, the western regions, and the north as well.
That is why it is important that these judges be chosen from the different regions of the country. Because of that, Parliament chose to exempt the Supreme Court from this extension of the constitutional rights in 1988.
The government's commitment to ensuring that there is sufficient linguistic capacity in our courts includes the Supreme Court of Canada. As mentioned, the Supreme Court provides all its services and communications in English and in French, much like the House of Commons. In addition, every individual who appears before the court is free to use either English or French in written and oral proceedings. The court's decisions are issued in English and French as well, thereby—and this is also very important—contributing to what we call a growing body of bilingual case law that is accessible to all Canadians.
Furthermore, as the hon. members are aware, all but one of the current judges of the Supreme Court are fully competent in both official languages and are able to hear cases in either official language without the assistance of simultaneous interpretation. That is eight out of nine judges. That said, high-quality interpretation and translation services are available during the hearings before the court, and all judges have the assistance of one or more bilingual law clerks. Ongoing language training is available to all members of the court.
I really appreciate the fact that we have this ongoing language training available to members of Parliament.
Most members of the Conservative Party are learning French.
As a result, the court demonstrably has the capacity to conduct its business in both official languages. I am aware of no suggestion that the court has failed to consistently provide all Canadians with the highest quality of justice they expect and deserve. To the contrary, the Supreme Court of Canada is recognized nationally and internationally as a model of collegiality, professionalism and superior capacity. Canadians may take tremendous pride in the stature that our judges hold around the world.
As hon. members may be aware, the national status of the Supreme Court is reflected in the historical practice of providing for its regional representation. Not only is the Supreme Court ensured its bi-juridical strength through the appointment of three judges from Quebec, but its legal pluralism more broadly is made possible through the long-standing tradition of ensuring that the courts complement is drawn from all regions of Canada. Canadians from coast to coast to coast may thus see the country's geographic diversity represented in their highest court.
The government clearly accepts that linguistic ability is an important factor in selecting judges of the Supreme Court. We will continue to ensure that it will be given serious consideration as it was in the most recent appointment.
When I was asked to speak to this bill last Friday and thought about it over the weekend, it was interesting to pause and reflect on the appointments. Filling the vacancy of Mr. Justice Bastarache, who took his retirement from the bench, led us to searching for a quality judge. What is important for us to recognize also is that in our country, and reflecting on the regional balances, we must ensure we have representation who can provide the services both in French and in English. It is also important to ensure that reflects the broad diversity of our regions.
When we think about our broad regions and diversity, we have a small population in the Atlantic provinces, with 32 seats in this great place. We also have the Senate, which gives us the ability to balance things from a regional perspective. It is important that we reflect this as well in our judiciary.
The government, in filling the vacancy created by the departure of Mr. Justice Bastarache, indicated that proficiency in both official languages was an asset that would be given serious consideration in appointing his replacement. The government delivered on that promise with the recent appointment of Justice Thomas Cromwell on December 22, 2008.
Mr. Justice Cromwell, an eminent, fluently bilingual jurist, is a testament to the continued commitment of the government to appoint highly meritorious and qualified jurists to our highest court. With all the judicial appointments, but particularly given the fundamentally important role of the Supreme Court, the government remains committed to merit as an overriding consideration, based on legal excellence and personal suitability.
We recognize there must be sufficient linguistic capacity in our courts to provide equal access to justice in both English and French. The government has and will remain vigilant in seeking competence in both official languages to achieve that goal.