In a preliminary report, the Commissioner of Official Languages, Raymond Théberge, once again agrees with a complainant who denounces the lack of translation of thousands of old decisions of the Supreme Court of Canada. The Quebec organization behind the accusations is ready to sue the highest court in the country to force it to respect its obligations.
“In order for the Supreme Court of Canada to comply with its obligations under the Official Languages Act, I recommend that it, within 18 months following the date of the final investigation report, ensure that the decisions published on the site Web […] be in both official languages,” Mr. Théberge wrote in his preliminary investigation report, including The duty got a copy.
The commissioner notably rejects the Supreme Court’s argument that its website being in French is sufficient to fulfill its obligations under the Act. The commissioner, however, emphasizes that “since 1970, the Supreme Court has been, among federal courts, exemplary in publishing its decisions simultaneously in both official languages” and recognizes “the difficulties experienced” by the court. But the Act “provides no exception for the display of historical information.”
Mr. Théberge had already issued this same recommendation in 2021, in response to the complaint from a lawyer from Montreal, who denounced the fact that some 6,000 judgments issued before 1970 were available in only one language on the court’s website. The organization Droits collectives Québec (DCQ) also filed a complaint in December 2023, in the face of the lack of changes.
For its part, the Supreme Court claims to have neither the money nor the necessary resources, arguing that it would cost “between 10 and 20 million dollars”, and would require the work of around “a hundred interpreters” for ten years. “We don’t have that money. So, if there is someone who has it, so much the better, it will please those who are fans of legal cultural heritage,” said Chief Justice Richard Wagner at the beginning of June.
“Since when do the resources available to an organization allow it to break the law,” reacts the general director of DCQ, Étienne-Alexis Boucher. “It is difficult to imagine that the Supreme Court could find any real basis in this argument. »
“The ball is in the Supreme Court’s court,” says Mr. Boucher, affirming that if the court “refuses to proceed” after the publication of the commissioner’s final investigation report, DCQ will initiate “procedures in Federal Court.” “But that’s not our goal. I don’t wake up in the morning and say to myself: “I can’t wait to start proceedings against the Supreme Court”. »
This report is supported by the Local Journalism Initiative, funded by the Government of Canada.