Court strikes down attempt by Quebec justice minister not to require judges to be bilingual

The Quebec Superior Court has rebuked the province’s justice minister, Simon Jolin-Barrette, who announced last year he would not require automatic bilingualism for all judges appointed by the province.

In a lengthy judgment issued late Wednesday afternoon, Justice Christian Immer ruled that the minister had no say on how magistrates set the professional and linguistic requirements of provincial judges, who oversee most court appearances in the province.

The tug of war between the government and its justices began when Chief Justice Lucie Rondeau listed bilingualism as a requirement for newly appointed judges at the Longueuil courthouse, each side claiming they had the last word on who can be selected.

The Superior Court agreed that while the justice minister has the final word on any appointment, it’s up to the courts to decide what qualifications are required.  

Justice Immer described the minister's recent intervention in the publication of a series of selection notices as "ultra vires [exceeding his powers] and illegal."

The Court concluded that "the minister has no discretionary power as to the content of the selection notice to be published. His role is limited to asking the secretary to launch the competition."

The "secretary" in this case is the official for the selection of candidates for the office of judge. A person in the public service who reports to the Deputy Minister, but over whom the minister "has no authority," the court said.

This dispute between the Chief Justice and the minister stems from six calls for candidates out of a total of 25 in the civil and youth divisions. These notices were for positions to be filled in the Montreal, Valleyfield and Saint-Jérôme regions, where she felt that bilingualism was essential to the position.

For his part, the minister refused to allow this criterion to be included in the call for candidates, arguing that all lawyers should have the opportunity to join the judiciary even if they are unilingual and French-speaking.

Elizabeth Gosselin, a spokesperson for Minister Jolin-Barrette, said in a statement to CTV News Wednesday evening that the minister only objected to the systematic requirement for bilingualism. 

"We are taking note of the judgment, but one thing is certain," Gosselin wrote. "We will spare no effort to defend, promote and enhance the French language and ensure that all Quebecers can access all positions no matter what they are."

LISTEN ON CJAD 800 RADIO: What the Superior Court had to say about the CAQ, language and judges
 

A copy of Justice Immer's ruling is below. 

Court ruling on bilingual j... by cfcfmontrealweb

With files from The Canadian Press