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
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Maple Leafs forward William Nylander sits out 3rd straight game to open the playoffs
Toronto Maple Leafs forward William Nylander sat out his third straight game to open the playoffs Wednesday night because of an undisclosed injury.
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
'Life was not fair to him': Daughter of N.B. man exonerated of murder remembers him as a kind soul
The daughter of a New Brunswick man recently exonerated from murder, is remembering her father as somebody who, despite a wrongful conviction, never became bitter or angry.
'Anything to win': Trudeau says as Poilievre defends meeting protesters
Prime Minister Justin Trudeau is accusing Conservative Leader Pierre Poilievre of welcoming 'the support of conspiracy theorists and extremists,' after the Conservative leader was photographed meeting with protesters, which his office has defended.