Official Languages committee  In Manitoba, Franco-Manitobans, like other Manitobans, are guaranteed the ability to use both French and English in court. Everyone has the right to plead in their own language. We are talking about section 23 of the Manitoba Act, 1870, which is the equivalent for Quebec of section 133 of the Constitution Act, 1867.

Official Languages committee  Yes.

Official Languages committee  According to the Department of Justice, in this context, it includes the federal courts. Reference is made to the Interpretation Act, which includes a broad definition of “superior court”.

Official Languages committee  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.

Official Languages committee  That's right. It gives judges some discretionary power when it comes to implementing this principle.

Official Languages committee  In the justice department's view, the separation of powers is a basic principle of our constitutional framework. The Supreme Court places significant emphasis on the principle's importance. In fact, parliamentary privilege, a principle that members of the House of Commons hold dear, is somewhat based on the separation of powers.

Official Languages committee  Thank you. The statement would build on the act's three other principles of interpretation, which are taken right from Supreme Court jurisprudence. They indicate how the language rights should be interpreted and applied. In this case, the language being proposed comes not from the Supreme Court, but from Parliament, which would lay out how its statute should be interpreted.

Official Languages committee  Thank you for your question. From a legal standpoint, I don't think the provision would have any unintended consequences on the Official Languages Act, a statute that aims to advance official languages equality. That said, I'm not on the inside; sometimes the courts can hand down surprising rulings.

Official Languages committee  I can venture to do so. Obviously, it is not our amendment. When, with respect to language rights, it says that “they must be interpreted in a manner that takes into account the specific dynamics of the official languages situation in each province and territory,” the suggestion is simply that when it comes to enforcing language rights, we take into account the reality in each province and territory.