Madam Speaker, I will be speaking today about Bill C-232, An Act to amend the Supreme Court Act (understanding the official languages).
The Bloc Québécois supports the principle of Bill C-232 for the following reasons.
This bill seeks to make the understanding of French and English without the assistance of an interpreter a requirement for judges appointed to the Supreme Court. The Official Languages Act provides that English and French have equality of status and use. It is the right of any citizen to use French or English before Canada's courts, based on fundamental linguistic rights and the Official Languages Act, which already recognizes the importance of being understood without the assistance of an interpreter before federal tribunals such as the Tax Court of Canada, the Federal Court and the Federal Court of Appeal. Furthermore, simultaneous translation can create problems because it does not allow adequate reaction time to interrupt someone, to ask questions, whether for the justice, the lawyers or even the individuals subject to trial who have a right to be able to understand all the nuances and subtleties of each language
For all these reasons, we support this bill.
The Constitution and the Official Languages Act state that English and French are the official languages, and that they have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and the Government of Canada. Under the Constitution and the Official Languages Act, there is full and equal access in both languages to Parliament, to the laws of Canada and to courts.
The Official Languages Act provides the details and conditions for access to the courts in both official languages. Under the law, federal courts other than the Supreme Court of Canada—at this time—have the duty to ensure that any officer who hears proceedings: is able to understand English without the assistance of an interpreter, if English is the language chosen by the parties for the proceedings; is able to understand French without the assistance of an interpreter, if French is the language chosen by the parties for the proceedings; is able to understand both languages without the assistance of an interpreter, if both English and French are the languages chosen by the parties for the proceedings.
As recognized by the Fédération des associations de juristes d'expression française de common law, a member of the Fédération des communautés francophones et acadienne du Canada, Canada's Official Languages Act recognizes the importance of being understood before federal tribunals without the assistance of an interpreter. The same law should apply to the Supreme Court of Canada. Ironically, the Officially Languages Act currently excludes the Supreme Court from these conditions, even though it is the highest court in the country.
The Bloc Québécois thinks that this should change, which is why it supports Bill C-232, currently before the House.
We keep hearing that Canada is our country. But we can appear before a Supreme Court judge and they are not required to understand French, our language. This would not happen if Quebec were a sovereign nation. This is one of the main issues.
The original bill, introduced in the 39th Parliament, which required Supreme Court judges to understand both official languages, got a number of reactions and received considerable support, in particular, the support of the Quebec National Assembly. On May 21, 2008, all the members present at the Quebec National Assembly unanimously adopted a motion that stated:
That the National Assembly of Québec affirm that French language proficiency is a prerequisite and essential condition for the appointment of Supreme Court of Canada judges.
The Premier of Quebec said:
Knowledge of French is important, very important. It is not a choice. And the message we are sending today to the federal government is that it is not optional—
He added that this motion was a “requirement”.
To know a language is to know a culture, a reality. And those who are called on to interpret that reality and make decisions that will have a very important impact on our lives have to know that reality through our language.
—open federalism must ensure that judges appointed to the Supreme Court by Ottawa know Canada's two official languages.
The Standing Committee on Official Languages also looked at the issue of comprehension of the two official languages by Supreme Court judges during the 39th Parliament.
In its fourth report, which was released in May 2008—I was there—it “recommends that the government ensure that the judges that they appoint to the Supreme Court are bilingual”, in other words, that they speak French and English.
I should note that the Conservative members of the Standing Committee on Official Languages refused to support this motion, which was similar to Quebec's motion. That is deplorable. Some of those Conservatives were Quebec francophones who renounced their own language. And that is terrible.
The Canadian Bar Association decided to take a stand in favour of requiring that future Supreme Court judges be bilingual. The association supports a merit-based process for appointing judges, but believes that bilingualism should be one of the selection criteria.
In May 2009, Commissioner of Official Languages Graham Fraser came to testify before the Standing Committee on Official Languages, which was then looking at the issue of access to justice. I will quote from what he said:
Every Canadian’s right to use English or French in Canadian courts is one of the basic language rights set out in our constitutional framework.
To ensure that all litigants have true access to the superior courts in the official language of their choice, it is essential that these courts have a sufficient number of bilingual judges at their disposal. The appointment process must therefore ensure the bilingual capacity of superior courts. Otherwise, access to justice in both official languages is compromised...
To date, the federal government’s responses to the recommendations of my predecessors and the House of Commons and Senate committees have been timid and largely inadequate.
...
On the eve of the 40th anniversary of the Official Languages Act, it seems to me that knowledge of both official languages should be one of the qualifications sought for judges of Canada’s highest court. Setting such a standard would prove to all Canadians that the Government of Canada is committed to linguistic duality. I find it essential that an institution as important as the Supreme Court of Canada not only be composed of judges with exceptional legal skills, but also reflect our values and our Canadian identity as a bijural and bilingual country.
Access to justice is one of the cornerstones of our judicial system. The insufficient bilingual capacity of the superior courts and courts of appeal of the provinces and territories means that a significant segment of the Canadian population is being denied the right to access justice in the official language of its choice.
...A review of the appointment process is essential to ensuring equal access to justice in both official languages.