Ottawa Citizen

Courts shortchang­ing French, English minorities

Study calls for more bilingual judges

- MIKE DE SOUZA

The federal language watchdog and his counterpar­ts from Ontario and New Brunswick say that English and French-speaking minority communitie­s in Canada are facing delays and additional costs in superior courts for choosing to be heard in the language of their choice.

In a new study released on Friday by Official Languages Commission­er Graham Fraser in partnershi­p with language watchdogs Francois Boileau of Ontario and Katherine d’Entremont of New Brunswick, the commission­ers asked the federal justice minister to implement 10 different measures to fix the problem by September 2014 through coordinate­d action with the provinces and territorie­s.

“In a country that proudly claims linguistic duality as a fundamenta­l value and a crucial part of its identity, no one should suffer delays, additional costs or any other hardships for having chosen to be heard in English or in French,” said the study. “There is an urgent need to put mechanisms in place in order to ensure that all of the provinces’ and territorie­s’ superior courts and appeal courts have an appropriat­e number of bilingual judges so that English- and French-speaking Canadians have full access to justice in both official languages.”

Fraser’s study said the problems included a shortage of judges who could hear cases in both languages, as well as the absence of supporting legal aid and a “perception of uneven understand­ing of language rights among judges.”

The study, based on a survey of lawyers, judges and other Canadians across the country, found that access to bilingual services was generally better in Quebec and New Brunswick than in the rest of Canada.

The federal government, under existing language legislatio­n, is required to support the developmen­t of minority English and French linguistic communitie­s across Canada and ensure access to federal government services in both official languages, while protecting equality of the two groups across the country.

But a majority of English- and French-speaking minority communitie­s had the perception of inadequate bilingual services in the courts of their respective jurisdicti­ons in all parts of the country, according to the study. Other lawyers also raised concerns about FrenchCana­dians who were forced to represent themselves in the courts, without access to adequate support so that they could understand what was happening in their case.

But in many cases, francophon­es are forced to proceed in English to accommodat­e the other parties.

“There was an example of a proceeding that what supposed to be bilingual,” said one lawyer consulted for Fraser’s study. “It ended up being in English only because the Frenchspea­king client understood English. So francophon­es have English imposed upon them indirectly by the system because it’s easier.”

A judge told the watchdog that this approach was unacceptab­le. “We must not only tolerate or accommodat­e French in the courts; we must also promote it,” said the judge. “If not, francophon­es may be pressured to choose English to reduce costs, complexity or delays.”

Justice Minister Peter MacKay said through a spokeswoma­n that the government would study it “to assess whether any improvemen­ts should be made.”

 ?? ADRIAN WYLD/THE CANADIAN PRESS ?? ‘No one should suffer delays,’ added costs or other ‘hardships’ for choosing to be heard in a courtroom in English or French, Commission­er of Official Languages Graham Fraser said in a report released Friday.
ADRIAN WYLD/THE CANADIAN PRESS ‘No one should suffer delays,’ added costs or other ‘hardships’ for choosing to be heard in a courtroom in English or French, Commission­er of Official Languages Graham Fraser said in a report released Friday.

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