Translation of judgments into English | A judge torpedoes part of the reform of the French language, Quebec will appeal

A judge of the Court of Quebec torpedoes part of the Legault government’s French language reform in a biting decision. The obligation to translate judgments rendered in English into French without delay cannot be imposed in criminal matters, ruled Judge Dennis Galiatsatos. Quebec will appeal this decision.

“Ultimately, in the real world, English-speaking accused will be treated less well than French-speaking accused, since they will have to wait longer to learn their fate,” concludes the judge. Note that its decision does not change the “state of the law” for the moment.

Quebec Justice Minister Simon Jolin-Barrette announced Tuesday that the government will appeal this “very particular” judgment. “There is one thing that is fundamental, and that is that justice in Quebec must be delivered in French,” said the minister, in the press scrum.

An analysis rejected by Judge Galiatsatos, who broadly highlights this “obviousness”: the language of criminal justice in Quebec is French and English, according to two judgments of the Supreme Court and six judgments of the Court of Appeal of Quebec. “The Attorney General refuses to recognize this principle,” says the judge.

At the heart of this standoff: article 10 of the Charter of the French language which must come into force on 1^er next June. The article states that a French version of a judgment rendered in writing in English must be attached “immediately and without delay”.

In his decision, Judge Galiatsatos makes the words “immediately and without delay” ineffective, since they are incompatible with the Criminal Code and affect federal jurisdiction.

Essentially, Quebec did not have the right to play in the confines of the Canadian Parliament in criminal matters, according to the judge. Quebec insists, however: this decision has a very limited scope. But it remains to be seen what reading the other judges will make of it.

Fallen into oblivion since the adoption of the Act respecting the official and common language of Quebec, French in 2022, article 10 returned to the news at the beginning of May, in the run-up to the trial – in English – of Christine Pryde, accused of dangerous driving causing the death of a cyclist. His trial is scheduled to begin in early June.

Judge Galiatsatos then decided to study the constitutional validity of this possibly discriminatory provision against English speakers. An exceptional initiative, but one that builds on precedents. The Court of Appeal has already recognized that a judge has the power – although limited – to raise a constitutional issue on his own, recalls Judge Galiatsatos.

Lawyers for the Attorney General of Quebec (PGQ) tried everything to prevent the magistrate from ruling, but the Superior Court rejected the PGQ’s request on Friday. The same day, Judge Galiatsatos delivered his 34-page decision.

The magistrate insists that his judgment only relates to the obligation to translate “immediately and without delay” a judgment rendered in English, and not to the principle of translation. Also, it does not attack the legality of the Law or the Charter of the French language.

The “secret of Caramilk”

The judge criticizes the PGQ for having failed to mention the measures that would be taken to quickly translate the judgments. “It was like the secret of Caramilk,” he imagined. Then, the PGQ revealed that the government is still negotiating a contract with the Société québécoise d’information legal (SOQUIJ), two weeks before the article comes into force.

“We now know that the PGQ has explicitly recognized that Article 10 will in fact extend the deadlines for all English judgments, regardless of what measures the government takes. This admission is a real U-turn, since initially, the PGQ claimed that my concerns were completely unfounded,” says the judge.

However, Minister Jolin-Barrette assures that article 10 will “absolutely” not cause any delays. The minister also denied discriminating against English speakers.

“French is not about delaying things. We are in Quebec. […] The official language of Quebec is French. This ensures that justice can be done and understood by people who live in Quebec,” continued the minister.

Same story with the Minister of the French Language, Jean-François Roberge. “I think there is an error of fact. In these arguments, he claims that it would cause delays in translating into French. We disagree. »

In his decision, the judge emphasizes that the government is considering the use of artificial intelligence for translation.

“Whether it’s a good or bad idea is not for the Court to decide. If artificial intelligence can translate simulated songs by Drake and Taylor Swift, it should be able to translate decisions affecting citizens’ rights and freedoms, right? », quips the judge.

But Judge Galiatsatos believes that the use of AI risks jeopardizing the confidentiality of unpublished judgments, which are “extremely confidential”.

The judge is very harsh towards the Director of Criminal and Penal Prosecutions (DPCP), who suggested that he render his decision orally to avoid the issue of immediate translation. A “desperate” solution and a “serious affront” to judicial independence, deplores the judge.

“If this position is linked to a political ideology and loyalty to the Attorney General of Quebec, it would be useful to remind the DPCP that, as an institution, it should stay away from partisan political issues and pressure,” says the judge. .

They said

This is one of many grievances that we had under Bill 96. So, he would have to amend the law [pour] “within a reasonable time”. It is technically extremely difficult, if not systematically impossible, to have it at the same time […] Yes to translation, but within a reasonable time frame.

Marc Tanguay, interim leader of the Quebec Liberal Party

We wanted the judgments to be translated, of course, but we also wanted to fight delays in the judicial system, so we have to see where the balance point is.

Christine Labrie, interim co-spokesperson for Québec solidaire

Ideally it should be in French all the time. It’s annoying that it’s not in French […] So much energy on a measure like this, when there are others that could be implemented quickly by the government.

Pascal Bérubé, spokesperson for the Parti Québécois on French language matters

It gave me the impression of a judge saying “I’m a judge, I don’t agree with something so I’m going to institute my own judge’s approach to go against an article of law 96 ”. It’s quite a unique process.

Yves-François Blanchet, leader of the Bloc Québécois

With Fanny Lévesque, Hugo Pilon-Larose and Mylène Crête, The Press