Legal community concerned about access to justice rights under Quebec's Bill 96
Legal community concerned about access to justice rights under Quebec's Bill 96
Legal community concerned about access to justice rights under Quebec's Bill 96
After protests in CEGEPs, health care and in the business world, the legal community is now expressing concerns about Bill 96.
The proposed legislation is currently being debated in front of the National Assembly and is meant to strengthen the protection of French in quebec.
If adopted, there are provisions in the bill that state that people filing legal documents that fall under Quebec jurisdictions, such as small claims courts or administrative tribunals, must be filed in French.
And it will be up to them to pay to get their documents translated from English — a legal aberration, according to constitutional lawyer Julius Grey.
"Translation services are very expensive, and one that would be devastating to small litigants," said the veteran human rights lawyer.
Access to courts remains untouched, and the right to have a trial in French or English remains unaffected, even in Quebec or municipal courts. But the requirement that all the paperwork be filed in French is expected to face legal challenges.
"Those constitutional rights to equality before the courts, that's under article 133 of the British North-America Act. That cannot be taken away," said the lawyer and former politician.
That's not just an opinion; last fall, the Quebec Bar Association, which represents the province's 28,000 lawyers, pointed out in its brief on the proposed bill, "that article 133 of the 1867 constitution is a historical compromise, which gives the right to use French or English in front of the courts, including for procedural documents."
The Bar of Montreal said mandatory French filings will put non-francophones at a disadvantage.
"The mandatory translation of legal documents into French at their expense will create an onerous burden and discourage them from asserting their rights," said Julie Mousseau, the bâtonnière of Montreal.
That will also extend to property documents and other consumer-related contracts.
“Consumer and worker can only ask that the English version prevails after the French version is delivered," said Mousseau, who worries that non-francophones will find themselves at a disadvantage in business transactions.
Despite the worries and pressure, the ruling CAQ party has shown no signs it will amend these particular sections of Bill 96.
An Ontario community is reeling after a 23-month-old boy died when he was accidentally left in a hot car outside the school where his mother taught, the mayor says.
Canada will add 74 more people and businesses in Russia and Belarus to its sanctions list, Prime Minister Justin Trudeau announced on Monday as he met other G7 leaders in Germany to discuss the threat to global security posed by the invasion of Ukraine.
City of Ottawa staff and the Ottawa Police Service are ensuring residents that planned protests on Canada Day will not devolve into the kind of occupation that residents endured this past winter.
Russian long-range bombers fired a missile that struck a crowded shopping mall in Ukraine's central city of Kremenchuk on Monday, raising fears of what President Volodymyr Zelenskyy called an 'unimaginable' number of victims in 'one of the most disastrous terrorist attacks in European history.'
Organizers of a central Alberta rodeo and its parade committee are calling for calm after a float in this weekend's parade, which possessed a racist theme, was seen in the procession.
An Ontario community is reeling after a 23-month-old boy died when he was accidentally left in a hot car outside the school where his mother taught, the mayor says.
Nova Scotia is expanding eligibility for second COVID-19 booster doses to include anyone aged 50 and over, however health officials are suggesting people wait to book appointments until the fall.
After a weekend full of rallies and protests across North America, the outrage after the U.S. Supreme Court's decision to overturn Roe V. Wade hasn’t died down.
Four London teenagers are facing charges Monday for their alleged involvement after a police officer was assaulted and knives and drugs were seized over the weekend, according to police.
An Ontario community is reeling after a 23-month-old boy died when he was accidentally left in a hot car outside the school where his mother taught, the mayor says.
OPP say an arrest warrant has been issued for a 20-year old Hamilton man after a man was shot late Friday night on Manitoulin Island and later died from his injuries.
Organizers of a central Alberta rodeo and its parade committee are calling for calm after a float in this weekend's parade, which possessed a racist theme, was seen in the procession.
The Calgary Stampede announced on Monday that retired CTV News meteorologist David Spence will be serving as the celebrity judge for the 2022 Stampede Parade.
The Sturrock brothers describe their cat Tigger – a two-year-old Bengal – as a "ferocious beast" who stares down and scares off even the largest neighbourhood dogs. But last week, the fearless feline took things to a whole new level.
Three people accused of mischief and break-and-enter in relation to an Abbotsford hog farm pleaded not guilty to all charges at the start of their jury trial on Monday.
A public demand that Alberta stick with the RCMP has been signed by 32 towns, 22 villages, seven organizations, six counties, three summer villages, two other municipalities and The City of Wetaskiwin.
A Sherwood Park masseuse who was charged earlier this year after a girl reported being sexually assaulted during a massage appointment is facing additional charges after 13 more victims came forward.
Staff and volunteers at Divine Mercy Food Bank on Wyandotte Street East are hoping for a miracle after they say they were broken into early Monday morning.
Businesses in the downtown area are excited for their sales to shoot up as the Ford Fireworks return to the Detroit River for the first time since the COVID-19 pandemic.
A seven-year-old Regina boy is being treated for serious injuries after being struck by a vehicle at a bus stop in Regina on June 21, according to an online fundraiser.
A 28-year-old man on a bicycle was seriously injured Sunday evening after being hit by a pickup truck near the intersection of Garnet St. and Dewdney Ave., the Regina Police Service (RPS) said in a news release.
An Ontario community is reeling after a 23-month-old boy died when he was accidentally left in a hot car outside the school where his mother taught, the mayor says.
The city's director of rail operations pushed back against claims political pressure led to the LRT being launched before it was ready during the third week of testimony at the public inquiry into the problem-plagued system.
Holiday Park Golf Course turned 60 years old on Monday morning, and just like the day it first opened when Mayor Sid Buckwold took the first swing, Mayor Charlie Clark was on hand to tee off with a couple of shots.
