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Official Languages committee Are you talking about notes taken by the Canada Border Services Agency?
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee Not at all.
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee It is at the client's request 100%. We must follow our rules and respect the Canadian charter and the Official Languages Act.
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee Absolutely.
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee It goes on from there.
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee Exactly. In terms of the issue of documentary evidence, the minister has to submit the evidence in the language of proceedings at any given moment. So, in the example given earlier, we should already know the person's choice at the beginning of the proceedings. It is usually ind
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee It is the information form that the person takes to the court in question, for example.
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee It is very important to point out two other things. The individual may choose to change the language of the proceeding for the simple reason that his counsel is more comfortable in the other language. But, even if the proceeding is held in English, or French, in this case, don't
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee As a result, counsel always has this choice, regardless of the language of the proceeding.
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee As for the documents, you're absolutely right. You've understood it correctly; that's how it works.
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee That's right.
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee The department has obligations, such as ensuring that hearings before the tribunal take place in French. Nothing is preventing anyone from having these documents translated, but the department must ensure that the documentary evidence is in French, except when the language of the
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee That's right.
December 16th, 2010Committee meeting
Sylvia Cox-Duquette
Official Languages committee I believe the Federal Court had a different perspective. If you take a look at the Bolanos Blanco case, you will see that the court was of the opinion that Mr. Bolanos Blanco did indicate his language of choice and it wasn't the Canada Border Services Agency that chose the langua
December 16th, 2010Committee meeting
Sylvia Cox-Duquette