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.
CTVNews.ca Top Stories
Police officer hit by driver of fleeing vehicle in Toronto
York Regional Police say they are continuing to search for a suspect in an auto theft investigation who was captured on video running over a police officer in Toronto last month.
The kids from 'Mrs. Doubtfire' are all SUPER grown up now, and we're not OK
The adorable trio of child actors from the 1993 classic comedy 'Mrs. Doubtfire,' which starred the late and great Robin Williams, are all grown up and looking back on their seminal time together.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Premier Legault reiterates that McGill pro-Palestinian camp must be dismantled
Quebec Premier François Legault reiterated that the pro-Palestinian encampment at McGill University must be dismantled while police remain 'on the lookout for new developments.'
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.
Video shows suspect setting Toronto-area barbershop on fire
Video of a suspect lighting a Richmond Hill barbershop on fire earlier this week has been released by police.
A Chinese driver is praised for helping reduce casualties in a highway collapse that killed 48
A Chinese truck driver was praised in local media Saturday for parking his vehicle across a highway and preventing more cars from tumbling down a slope after a section of the road in the country's mountainous south collapsed and killed at least 48 people.
'I have the will to live': N.B. woman needs double lung transplant
A New Brunswick woman suffering from sarcoidosis, a disease that limits your lung capacity, is in need of a double lung transplant.
Hulk Hogan, hurricanes and a blockbuster recording: A week in review of the Trump hush money trial
Crucial witnesses took the stand in the second week of testimony in Donald Trump's hush money trial, including a California lawyer who negotiated deals at the center of the case and a longtime adviser to the former president.