A Quebec Superior Court judge has temporarily suspended two articles of Bill 96 – the Legault government’s ambitious reform of Bill 101 – which she believes could prevent certain English-speaking organizations from having access to the judicial system.
In a judgment delivered on Friday, Judge Chantal Corriveau ruled that these articles of the “Act respecting the official and common language of Quebec, French”, which oblige companies to pay a certified translator to produce French versions of legal documents, should be suspended until their legal challenge can be heard on the merits. A trial is therefore scheduled for November 2022 to decide on the issue.
The ruling came after a group of lawyers challenged the sections of the law, arguing that this translation requirement would result in costs and delays that could deter some small and medium-sized entities that conduct their business in English from accessing courts.
“The law could cause irreparable harm to several legal persons who want to initiate legal proceedings in English,” reacted Me Félix-Antoine T. Doyon, who represents the group of lawyers, in an interview with The duty. He also said he was “very satisfied” with the judgment rendered today.
Me Doug Mitchell, a lawyer for the plaintiffs’ group, says he “is not against the idea behind Bill 96”, but that “certain provisions of the law do not concern themselves with the real consequences it could have “.
According to Judge Corriveau, “the evidence demonstrates a serious risk that, in these cases, certain legal persons will not be able to assert their rights in a timely manner before the courts, or will be obliged to do so in a language other than the official language ‘they and their lawyers know best and identify as theirs’.
She also agreed that the lawyers had raised relevant questions about whether these provisions of the new law violated sections of the Constitution Act, 1867 that guarantee access to the courts in both official languages of Canada.
“Additional costs and delays”
Me Mitchell recounts having previously suggested to the Minister of the French Language Simon Jolin-Barrette, in committee, to use translation software rather than certified translators, but that his suggestion was “rejected out of hand “.
“There are only 46 certified translators in Quebec, which will add costs and delays. I was disappointed in the lack of consideration [du ministre] for accommodations that would be reasonable,” laments Me Mitchell.
Lawyers also 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.
The lawyers representing the Attorney General of Quebec, however, rejected the thesis that there are not enough certified translators, or that the translation requirement creates obstacles to access to the judicial system.
“We remain confident that our arguments are good,” said Me Doyon, regarding the trial scheduled for next November. Me Mitchell adds that according to him, public opinion should turn in his favor since he proposes “reasonable” reservations to Bill 96.
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,” she said, without wanting to comment further “for the moment”.
Mr. Doyon also notes that his challenge concerns only a very small part of the entire law. He cautions against the temptation to draw broader conclusions about what Justice Corriveau’s ruling might mean for other challenges.
A law contested by several groups
The group of jurists represented by Me Doyon is just one of the many other groups that are challenging Bill 96 in court. Among other things, members of the Mohawk Council of Kahnawake filed affidavits indicating that they were among the many groups who would be harmed by this law.
“This is just the beginning,” reacted Parti Québécois leader Paul St-Pierre Plamondon, who expects more legal challenges to Bill 96. He also evokes a “contempt for Ottawa” vis-à-vis vis-à-vis such Quebec bills, and is concerned about the power of challenge of the provincial government in this context.
Remember that the Parti Québécois and the Liberal Party of Quebec voted against the bill, but it was supported by Québec Solidaire.
Bill 96 aims to strengthen the use of French in Quebec by updating language regulations, which notably affect businesses, colleges, immigration and the courts.
The law invokes in a “preventive” manner the notwithstanding provision provided for in the Canadian Constitution, in order to shield it from possible challenges based on 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”.
With The Canadian Press