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
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.