The fear of bilingualism of judges

The Greco-Roman wrestling match between the Minister of Justice and the Chief Justice of the Court of Quebec takes a frankly ridiculous turn.

To prevent the Court from requiring knowledge of English for certain judicial positions in the greater Montreal area, Minister Simon Jolin-Barrette intends to pass a section of law.

Brief reminder. It all starts when the Minister realizes that for certain judge positions, the Court requires, oh scandal, the knowledge of English of the applicants for this function soon paid $ 310,000 per year. It is indeed a right for a citizen to be judged in his language, French or English; for basic practical reasons, in some districts it is necessary to have bilingual personnel on hand.

The minister, who is also the guardian minister of the French language, has banned this requirement for some judging competitions. Chief Justice Lucie Rondeau (appointed by the Parti Québécois, by the way), made outraged media outlets. She even took the case to the Superior Court, which basically told the minister to mind his own business: that he appoint the judges, but that he let the Court decide in which case we need a candidate bilingual.

This week, we learned that Mr. Jolin-Barrette would not appeal this judgment. But he will not submit to it for all that: he will modify the law to ensure that the bilingualism requirement is abolished, unless it is justified – according to him.

We guess that this article of law itself will be challenged, and rebelote: we will find ourselves in court again.

Above all, we guess that all of this has become very “personal” and frankly unhealthy. When the Court of Quebec announced during the winter a reduction in the workload of the judges of the criminal division, we could not help but see it as a kind of retaliatory measure, forcing to appoint more judges to avoid delays, even if we are assured that it has nothing to do with it.

The two also clashed over the terms of the “specialized court” in matters of sex crimes.

A permanent public dispute between the attorney general and the chief justice of the court managing the largest number of cases in Quebec is messy, not to say: it’s hard.

However, the quarrel has no reason to exist. It is not a “right” for a lawyer to be appointed as a judge; rather, one is appointed as a judge to protect the rights of citizens and settle disputes. That, for certain districts in Quebec where the volume justifies it, knowledge of English is required is nothing shocking. The question arises as to who should decide. The Minister or the Court, who knows the field? The answer seems obvious to me.

This is also a non-issue, since the vast majority of judges and candidates in these districts are bilingual anyway. Yes, for certain functions in certain places, knowledge of English is a more than relevant skill.

We should perhaps stop confusing the protection and promotion of French with the fear of bilingualism. Quebec students should have a better command of French; but they should also learn English better – like the Germans, the Dutch, the Scandinavians…

Yes, but elsewhere in Canada? Indeed, the level of bilingualism is lamentable among Anglo-Canadian professionals outside Quebec. Starting with the holders of high federal offices, whose generalized, trivialized unilingualism is shameful.

But I never thought that you needed reciprocity in nullity to find the right balance.

And, more importantly, we are talking here about a court of 300 judges; people chosen in principle from among the best in the profession. People who, once appointed, are irremovable, very well paid and pensioned. It is really exorbitant to master a second language – for some of them, in certain regions of Quebec? Is it the job of the minister, very far from the life of the courthouses, to say where? Not really, seems to me.

From the moment there is a right to be tried in one’s language, the lack of bilingual judges or prosecutors forces either the postponement of cases, or the complex, cumbersome and inefficient use of interpreters.

It’s not even a big problem to fix.

But it becomes so when two branches of government are in open conflict. It obviously doesn’t help that the attorney general, supposed to be above the fray, is also responsible for the French language and leader of the government, two politically very charged roles.

We have come down to a heavy conflict of personality where we exchange lawsuits and legislative amendments.

Without mediation, all of this can only degenerate a little further, and we can foresee an even greater political conflict between the judiciary and the executive in Quebec.

It can be politically attractive, this kind of match. But that will obviously not help the French language and it will only weaken our justice system.