A judge of the Superior Court of Quebec has temporarily suspended the application of two articles of the reform of Bill 101 or “Bill 96” which could, according to her, be likely to prevent certain English-speaking organizations from having access to the judicial system. .
In a written judgment, released Friday, Judge Chantal Corriveau ruled that sections of the Act respecting the official and common language of Quebec, French that require companies to pay a certified translator to produce French versions of legal documents should be suspended until their legal challenge is heard on the merits — probably in November.
The new law is due to come into force on September 1.
Judge Corriveau agreed with the lawyers who challenged these two provisions of the law. They argued that this translation requirement could lead to delays and costs that could particularly harm small and medium-sized businesses.
The two provisions of the law suspended by Judge Corriveau provide that “any procedure emanating from a legal person, if it is written in English, must be accompanied by a certified French version from a certified translator in order to allow filing in court”.
However, according to the judge, “the evidence shows a serious risk that, in these cases, certain legal persons will not be able to assert their rights in due time before the courts, or will be obliged to do so in a language other than the official language. which they and their lawyers know best and which they identify as their own”.
Lawyers who challenged these sections of the law argued that the translation requirement violated those of the Constitution Act, 1867 which guarantee access to the courts in both official languages of Canada.
prejudices
Judge Corriveau agreed that the lawyers had raised serious questions about whether these provisions of the new law violated sections of the Constitution Act, 1867.
According to court documents, the lawyers claim that there are a limited number of certified legal translators, especially in certain regions, and that their services cost between $0.20 and $0.40 per word.
Members of the Mohawk Council of Kahnawake also filed affidavits indicating that they were among the many groups who would be harmed by this law.
Lawyers representing the Attorney General of Quebec rejected the thesis that there are not enough certified translators, or that the translation requirement creates obstacles to access to the legal system.
In the office of the Minister of Justice and Minister of the French Language, Simon Jolin-Barrette, the spokesperson argued Friday in an email that the provisions concerned in the judgment “aim to promote better access to justice in the official language. and common, French”.
“The government is firmly determined to defend this fundamental right,” said Élisabeth Gosselin, without wanting to comment further “for the moment”.
Judge Corriveau agrees that the lawyers have raised valid questions about obstacles to justice, particularly in the case of urgent remedies which “may require rapid intervention before the courts to avoid irreparable harm”.
The law “goes very far”
The plaintiffs’ lawyer, Me Félix-Antoine Doyon, said his clients believe in the need to protect the French language, but they believe the government has gone “very far” with certain provisions of Law 96.
“We must protect French, but we must also protect access to justice, and we must remember that in a civilized society, justice is there for the people, and for legal persons as well,” he said. he argued in a telephone interview. Me Doyon now intends to be ready to plead the case on the merits in November.
These lawyers are part of several groups that are challenging the Act respecting the official and common language of Quebec, French, in court. Adopted by the National Assembly in May, the text brings in particular modifications to the Charter of the French language, commonly known as law 101.
Mr. Doyon noted that his challenge concerns only a very small part of the whole of the law, and he cautioned against the temptation to draw broader conclusions about what Justice Corriveau’s decision could mean for other disputes.
The new law aims to strengthen the use of French in Quebec by updating language regulations, which notably affect businesses, colleges, immigration and the courts.
It also invokes in a “preventive” manner the notwithstanding provision provided for in the Canadian Constitution, in order to shield it from possible challenges based on certain articles of the charters of human rights and freedoms.
Justice Corriveau underlines, however, that “the current debate is not part of a challenge by the legislator raising a derogatory clause to the fundamental rights protected by the Charter of human rights and freedoms”.
“The purpose of this appeal is to challenge what is alleged to be a derogation from a provision of the Constitution Act of 1867,” said the judge.