Sections of Bill 96 that require companies to pay a certified translator to produce French versions of legal documents could prevent some English-speaking organizations from accessing justice, ruled Chantal Corriveau of the Quebec Superior Court. Corriveau sided with a group of lawyers who argued that the translation requirement violates sections of the 1867 Constitution Act that guarantee access to the courts in both official languages. In a written decision released Friday, Corriveau said the rule could cause delays and costs that could particularly hurt small and medium-sized businesses. “The evidence shows a serious risk that, in these cases, some legal entities will not be able to assert their rights before the courts in time or will be forced to do so in a language other than the official language that their lawyers have better and which they identify as their own,” he wrote. The judge ordered the two articles suspended until the case is heard on the merits, likely in November. According to the court challenge, the legal group claims 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 Kahnawake Mohawk Council filed statements in court noting that they were one of several groups that would be adversely affected by the law. Lawyers representing Quebec’s attorney general rejected the idea that there aren’t enough translators or that the requirement creates barriers to access to justice. Elisabeth Gosselin, a spokeswoman for Justice Minister Simon Jolin-Barrette, said Friday in an emailed response to the decision: “It should be noted that the provisions in this case are intended to promote better access to justice in the official and common language, the French. . “The government is firmly committed to defending this fundamental right. We will not be commenting further at this time.” Corriveau agreed that lawyers raised valid questions about obstruction of justice, especially in urgent cases that “may require swift intervention before the courts to avoid irreparable harm.” Felix-Antoine Doyon, a lawyer for the plaintiffs, said his clients believe in the need to protect the French language, but believe the government went “too far” with some provisions of Bill 96. “We have to protect French, but we also have to protect access to justice and we have to remember that in a civilized society the justice system exists for people, but also for legal entities,” he said in a phone interview. adding that he expects to be ready to argue the case on the merits in November. Doyon noted that his challenge is only to a very small part of the law and cautioned against drawing broader conclusions about what the ruling could mean for other challenges to the legislation. Doyon and the other lawyers are among several groups legally challenging House Bill 96, which aims to boost the use of French through updated language regulations affecting businesses, colleges, immigration and the courts. Earlier this week, lawyers for Quebec’s Judicial Council — Conseil de la magistrature du Quebec — and three senior provincial court judges, including Chief Justice Lucie Rondeau, filed a lawsuit to strike down parts of the law that allow the justice minister to decide which judicial postings require knowledge of English. Those sections of Bill 96 violate the Constitution Act of 1867, lawyers said. Among the controversial provisions of Bill 96 is one that requires the justice minister to take “all reasonable means” to avoid forcing judges to know any language other than French. These provisions, according to the Judicial Council of Quebec, “undermine judicial independence, language rights and the fundamental right of litigants to have access to justice.” In February, a Supreme Court judge ruled that Jolin-Barrette did not have the authority to decide which judicial postings require English proficiency. The government did not appeal this decision, but instead amended Bill 96 to give the minister more power over the language requirements of court depositions. Gosselin said Bill 96 reflects the will of the people of Quebec. “Not knowing a language other than the official and common language should not automatically be a barrier to becoming a judge in Quebec,” he wrote. The law, which was passed earlier this year, also preemptively invokes the Canadian Constitution clause to protect it from Charter challenges. — This report by The Canadian Press was first published on August 12, 2022.
