Judge suspends two articles of Quebec's Bill 96 regarding legal translations
Quebec's new language law suffered a first defeat on Friday, as a judge temporarily suspended a provision requiring English court documents to be translated into French.
Sections of Bill 96 that require corporations to pay a certified translator to produce French versions of legal documents could prevent some English-speaking organizations from accessing justice, Quebec Superior Court Justice Chantal Corriveau ruled.
Corriveau sided with a group of lawyers who argued that the translation requirement violates sections of the 1867 Constitution Act that guarantee access to the courts in both official languages. In a written judgment released Friday, Corriveau said the rule could cause delays and costs that could particularly hurt small and medium-sized businesses.
"The evidence demonstrates a serious risk that, in these cases, certain legal persons will not be able to assert their rights before the courts in a timely manner, or will be forced to do so in a language other than the official language which they and their lawyers master the best and which they identify as their own," she wrote.
The judge ordered that the two articles be stayed until the case can be heard on its merits, likely in November.
According to the court challenge, the group of lawyers claim there is a limited number of certified legal translators, especially in some regions, and that their services cost between $0.20 and $0.40 a word. Members of the Mohawk Council of Kahnawake filed court statements noting that they were one of many groups that would be negatively affected by the law.
Lawyers representing the attorney general of Quebec pushed back on the idea that there aren't enough translators or that the requirement creates any obstacles to accessing justice.
Elisabeth Gosselin, a spokeswoman for Justice Minister Simon Jolin-Barrette, said Friday in an emailed response to the ruling, "It should be noted that the provisions in this case are intended to promote better access to justice in the official and common language, French.
"The government is firmly committed to defending this fundamental right. We will not comment further at this time."
Corriveau agreed that the lawyers raised valid questions about barriers to justice, especially in urgent cases that "may require rapid intervention before the courts to avoid irreparable harm."
Felix-Antoine Doyon, a lawyer for the plaintiffs, said his clients believe in the need to protect the French language but feel the government went "very far" with certain provisions of Bill 96.
"We need to protect French but we also need to protect access to justice, and we must remember that in a civilized society the system of justice is there for the people, and for legal persons as well," he said in a phone interview, adding that he expected to be ready to argue the case on its merits in November.
Doyon noted that his challenge concerns only a very small portion of the law, and he warned against drawing wider conclusions on what the decision could mean for other challenges to the legislation. Doyon and the other lawyers are among several groups mounting legal challenges to Bill 96, which aims to strengthen the use of French through updated language regulations that affect businesses, junior colleges, immigration and the courts.
Earlier this week, lawyers for Quebec's judicial council -- Conseil de la magistrature du Quebec -- and for three senior provincial court judges, including Chief Judge Lucie Rondeau, filed a suit to strike down parts of the law allowing the justice minister to decide which judicial postings require knowledge of English. Those sections of Bill 96 violate the 1867 Constitution Act, the lawyers said.
Among the contested provisions of Bill 96 is one that requires the justice minister to take "all reasonable means" to avoid forcing judges to know any language other than French. Those provisions, according to Quebec's judicial council, "undermine judicial independence, linguistic rights and the fundamental right of litigants to access justice."
In February, a Superior Court justice ruled that Jolin-Barrette did not have the power to decide which judicial postings require knowledge of English. The government did not appeal that ruling but instead amended Bill 96 to give the minister more power over the linguistic requirements of judicial postings.
Gosselin said Bill 96 reflects the will of Quebecers. "Not being proficient in a language other than the official and common language should not automatically be a barrier to becoming a judge in Quebec," she wrote.
The law, which was adopted earlier this year, also proactively invokes the notwithstanding clause of the Canadian Constitution to shield it from Charter challenges.
-- This report by The Canadian Press was first published Aug. 12, 2022.
CTVNews.ca Top Stories
BREAKING Quebec judge orders bus driver to stand trial for 2023 daycare crash deaths
A judge has ordered a Quebec man to stand trial on charges of first-degree murder in the deaths of two children killed when a bus rammed into a Montreal-area daycare last year.
Sunshine list: These were the Ontario public sector's highest earners in 2023
Ontario released its annual sunshine list Thursday afternoon, noting that the largest year-over-year increases were in hospitals, municipalities, and post-secondary sectors.
Multiple bridges in Calgary shut down for police incident
Calgary police have shut down a number of bridges into and out of the downtown core as officers deal with a distraught individual.
Trudeau's latest pre-budget pledge targets millennial moms, vowing $1B in loans for more child-care spaces
The federal government is launching a new loan program to help child-care providers in Canada expand their spaces, and will be extending further student loan forgiveness and training options for early childhood educators, Prime Minister Justin Trudeau announced Thursday.
Why some Christians are angry about Trump's 'God Bless the USA' Bible
Former U.S. President Donald Trump is officially selling a copy of the Bible themed to Lee Greenwood’s famous song, 'God Bless the USA.' But the concept of a Bible covered in the American flag has raised concern among religious circles.
Krispy Kreme doughnuts coming to McDonald's in U.S., but not Canada
Canadians will be missing out on a sweet new partnership between McDonald's and Krispy Kreme, which will see doughnuts available at McDonald's locations across the U.S. by the end of 2026.
Calgary officer charged after allegedly assaulting handcuffed man
A Calgary police officer has been charged after allegedly assaulting a handcuffed man two years ago.
Where is the worst place for allergy sufferers in Canada?
The spring allergy season has started early in many parts of Canada, with high levels of pollen in some cities already. Experts weigh in on which areas have it worse so far this season.
How do you navigate the social media minefield with your kids?
Growing fears about social media's harm have sparked lawsuits against social media companies from hundreds of school districts in the United States and now Canada. CTVNews.ca wants to know whether your children are addicted to social media or if you have concerns about their usage of platforms such as Facebook, Snapchat, TikTok and X.