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Justice committee  Robert can add to what I will say, but I believe that since the Supreme Court's ruling in the Beaulac case, the provinces and territories have taken the measures required to meet the needs of applications for trials in the minority language.

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  Okay. But I think Monsieur Caron's appeal was heard before the Court of Appeal of Alberta just a few weeks ago. The court reserved judgment, so we're waiting for the decision.

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  Yes, exactly. We're waiting to find out whether all Alberta laws will be declared invalid, because that's what Mr. Caron is arguing.

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  The Attorney General of Canada is not a party to those proceedings.

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  I agree.

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  The impact would clearly be on the provincial legislator. If Monsieur Caron is successful in his legal challenge, then you're absolutely right. We would be faced with a situation similar to the one we faced following the Supreme Court of Canada decision in R. v. Mercure in 1988

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  One thing I want to point out is that Monsieur Caron's trial was not a trial under the Criminal Code provisions. So we weren't under—

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  Exactly. It was a traffic ticket.

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  The ruling in the Beaulac case was specifically on section 530(4) of the Criminal Code. Mr. Beaulac had not made his application within the timeframe set out by the Criminal Code. The judge was required to determine whether the best interests of justice would be served by orderin

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  They may be unreliable because of another point, which my colleague mentioned in his speaking notes. In New Brunswick, and maybe in some regions of Ontario, the trials will happen in the minority language without a formal order under section 530.

May 27th, 2013Committee meeting

Renée Soublière

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  I think they're doing it in Manitoba as well. But the exclusion of New Brunswick in that provision was actually added by the Senate when it studied Bill C-13 in 2008. It doesn't change the substance of the provision. It simply recognizes, as you correctly point out, that New Brun

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  Exactly.

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  A change of venue is never necessary.

May 27th, 2013Committee meeting

Renée Soublière

Justice committee  I can start with Caron. The Caron case did make its way to the Supreme Court on the issue of interim costs that Mr. Caron was seeking. His trial was—

May 27th, 2013Committee meeting

Renée Soublière