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
BREAKING Israel attacks Iran, Reuters sources say; drones reported over Isfahan
Israel has attacked Iran, three people familiar with the matter told Reuters, as Iranian state media reported early on Friday that its forces had destroyed drones, days after Iran launched a retaliatory drone strike on Israel.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Nearly half of China's major cities are sinking, researchers say
Nearly half of China's major cities are suffering 'moderate to severe' levels of subsidence, putting millions at risk of flooding especially as sea levels rise.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' murder case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.