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Minority Official Language Rights

Judicial Rights. Minority Official Language Rights. Presentation Outline. Legal Structure: Overview Source: Constitutional Documents Questions and answers Case studies. Legal Structure : Overview. Constitution Act , 1867 Sections 91 and 92. Legal Structure.

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Minority Official Language Rights

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  1. Judicial Rights Minority Official Language Rights

  2. Presentation Outline • Legal Structure: Overview • Source: Constitutional Documents • Questions and answers • Case studies

  3. Legal Structure: Overview

  4. Constitution Act, 1867 Sections 91 and 92

  5. Legal Structure Constitutional Legislation • most permanent; enshrined; harder to change • applies to four categories across Canada: 3 in federal domain, one in the provincial domain Federal Legislation • topics listed in s.91 of CA 1867 Provincial Legislation • only to topics listed in s.92 of CA 1867; contain some language rights; varies; s.93 Municipal Legislation • varies

  6. Judicial Rights

  7. Accessing Your Rights You are going to court or for a hearing at a tribunal. • Is it possible for all of the proceedings to be in French? • If so, how do you go about getting that? • Does that include everything: lawyers, judge, witnesses, jury? • If not, why not? Should it be? Is there something you can do about it?

  8. What was your past experience? • Examples? • Which? • How did you go about it? • Any challenges? • The result? • Left with any questions?

  9. Sources Various Constitutional Documents • s.133 Constitution Act 1867 Guarantees language rights in any court established by Parliament and the Courts of Quebec • s.23 Manitoba Act 1870 • s.19 Charter: re: Manitoba and New Brunswick

  10. s.133 of the CA 1867 Either the English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec. The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages

  11. s.23 Manitoba Act 1870 Either the English or the French language may be used by any person in the debates of the Houses of the Legislature and both those languages shall be used in the respective Records and Journals of those Houses; and either of those languages may be used by any person, or in any Pleading or Process, in or issuing from any Court of Canada established under the Constitution Act, 1867, or in or from all or any of the Courts of the Province, The Acts of the Legislature shall be Printed and published in both those languages.

  12. s.19 Charter Manitoba & New Brunswick 19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament. (2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick.

  13. What does that mean? • All “federal” courts and tribunals give you choice of language. • All “criminal” trials give you a choice of language. • Criminal law – federal jurisdiction (s.92 CA1867) • Court Administration – provincial jurisdiction

  14. What does that mean? (cont’d) • all civil courts in Québec give you the choice CA 1867, s.133 • all civil courts in New Brunswick give you the choice Charter, s.19Manitoba Act 1870, s.23 • all civil courts in Manitoba do as well Manitoba Act 1870, s.23 • Other provinces: no constitutional protections for civil proceedings

  15. What does that mean? (cont’d) Criminal Proceedings (Criminal Code, ss.530, 530.1, 530.2) • Every accused must be informed of the possibility of having his/her trial and preliminary inquiry in French. • If a French trial in chosen, the Crown prosecutor assigned to the case must speak French • Accused has the possibility of obtaining a translation of the indictment or information, upon request.

  16. What does that mean? (cont’d) Criminal Proceedings (cont’d) • If the accused chooses French and there is a jury, the members of the jury must also speak French. • A witness giving evidence can choose language of his/her choice. • Both the Criminal Code and section 14 the Charter require that interpreters be available to assist the accused and his/her lawyer(s). • If there is a co-accused of another official language, a bilingual trial may be required, but French co-accused would not lose language rights.

  17. What does that mean? (cont’d) Criminal Proceedings (cont’d) • If the trial was in French, or was bilingual, any written decision from the judge must also be in French. • Decision may or may not be translated into English depending on the circumstances and the importance of the case.

  18. Questions?

  19. Case Studies • Chance to test what you have learned. • Divide into groups. • Examine fact patterns. Refer to handouts. • Discuss. • Do you think there is a constitutionally-protected right to French legal proceedings? • If so, how would you go about asserting that right? • If not, what could you do? • Report back in 10 minutes.

  20. Questions?

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