The Chief Justice of the Court of Quebec is embarking on a new fight against Minister Simon Jolin-Barrette, in order to have the amendments to the Charter on the French language which prevent the requirement of bilingualism to become a judge annulled.
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“The administration of effective, credible, impartial, honest and accessible justice depends on it,” reads a civil lawsuit made public this Thursday at the Montreal courthouse.
In the court document, Chief Justice Lucie Rondeau accuses Minister Simon Jolin-Barrette, who is responsible for both justice and the protection of the French language, of “bypassing” a judgment rendered last February. The court then declared “illegal” the minister’s attempt to prohibit the quasi-systematic requirement of bilingualism for judges of the Court of Quebec.
Archive photo, Didier Debusschère
Simon Jolin Barrette
Bilingualism
This decision was not appealed. Instead, the Minister had instead proceeded with a reform of the Charter of the French language, in order to prevent a candidate for the post of judge from having knowledge “other than the official language”. The only way to circumvent this requirement is to obtain ministerial authorization.
And that’s exactly what the Chief Justice doesn’t want.
“The Chief Justice and the Associate Chief Justice respectively are without question the only persons who can determine whether such a requirement is in order,” the court document reads.
The English of course
To support her request, the Chief Judge released several statistics, taken from a survey of judges, which show that English is used daily in several regions of Quebec, especially in Montreal and the Outaouais, but also in Estrie. and in Montérégie.
“A proficiency in English is also required to meet the needs of First Nations and Inuit in certain regions,” the civil suit states.
Thus, a judge who does not master English could “very difficultly be entrusted with several types of cases”, while being the source of delays “directly affecting” the population, can we read in the court document.
Claiming to have no other choice “in order to protect the fundamental principles of our democratic society”, she therefore brought the legal proceedings in her name, but also in the name of the Judicial Council. The associate chief judge of the Court of Quebec Scott Hugues, as well as the associate chief judge of the Court of Quebec, Claudie Bélanger, are also part of the parties.
The appeal for judicial review will soon be presented before a judge of the Superior Court of Quebec.