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May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  Thank you, Mr. Chair, for the opportunity to discuss with the committee the bilingualism of Supreme Court judges through a legal lens and, should you wish, a political one as well. I will be pleased to answer your questions in the official language of your choice, although I'll

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  First of all, I must say that I am in favour of bilingualism being imposed as a condition for the appointment of Supreme Court judges, but beyond that, I am of the opinion that it can be done constitutionally.

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  No. It can be done through legislation without being enshrined in the Constitution of Canada.

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  I have relied on the Reference re Supreme Court Act, meaning the 2014 decision of the Supreme Court of Canada. In that decision, the Supreme Court basically says that the essential features of the Supreme Court are covered by complex constitutional amendment procedures, whether

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  If necessary, a transition period may be provided to enable legal experts to adapt and, in certain cases, simply put, to take French courses. That being said, if the Prime Minister and the Government of Canada make it very clear that Supreme Court of Canada judges will now have

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  Those people will indeed take steps—in the good sense of the word, of course—to get there and to acquire the necessary qualifications to do so. If bilingualism is one, they will understand the need to become bilingual and to have a reason for doing so.

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  First, I will tell you about the legal aspect and then the political one.

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  From a legal standpoint, I am 100% sure that it is possible to impose bilingualism on Supreme Court judges without making a formal constitutional amendment. Those who claim otherwise are extremely cautious or are looking for an excuse. In my view, the Reference re Supreme Court A

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  There is an injustice to francophones who, in many cases, are exposed to the English language and hear cases in French and English. I am thinking of some bilingual judges who hear cases in both languages. However, the greatest injustice is experienced by the litigants, in my opi

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  If they show a lot of determination, I think they can acquire an adequate knowledge of French and understand cases within a few months.

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  First of all, it is often a question of personal initiative. A person who really wants to access this position will try to learn French. The person may become even more interested in civil law, while they're at it. We talk a lot about bilingualism, but we could also talk about bi

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  The Reference re Supreme Court Act is actually about the Nadon decision. I reiterate that, in that decision, the Supreme Court said that the essential features of the court were subject to a complex constitutional amendment procedure. The issue is figuring out what the essential

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

Official Languages committee  Thank you. I don't think the appointment of bilingual judges to the Supreme Court of Canada affects one of its essential features. I am actually sure it does not. As long as an essential feature is not affected, Parliament may amend the Supreme Court Act. I repeat: as long as a

May 11th, 2017Committee meeting

Prof. Benoît Pelletier

May 11th, 2017Committee meeting

Prof. Benoît Pelletier