Access to Justice in Both Official Languages : Improving the Bilingual Capacity of the Superior Court Judiciary

Title
Access to Justice in Both Official Languages : Improving the Bilingual Capacity of the Superior Court Judiciary
Abstract
For Canadians who are members of official language minority communities to feel comfortable using the official language of their choice before the superior courts, it is crucial for these courts to be able to offer all their services and to function in English and in French. In this regard, the bilingual capacity of the judiciary for superior courts is a sine qua non condition for access to the Canadian justice system in both official languages and ensuring the rights of litigants are not prejudiced by their language choice. For superior courts and courts of appeal to be able to respect the language rights of litigants, it is therefore essential for the federal Minister of Justice to appoint an appropriate number of bilingual judges with the language skills necessary to preside over cases in the minority official language. Currently, the institutional bilingual capacity of the superior courts remains a challenge in a number of provinces and territories. Another challenge lies in judges’ ability to maintain their language skills at a level that is sufficient to preside over a hearing in their second official language. The Commissioner of Official Languages of Canada, in partnership with François Boileau, the French Language Services Commissioner of Ontario and Michel Carrier, the Commissioner of Official Languages for New Brunswick, decided in 2012 to conduct an in-depth study on two issues that have an impact on the bilingual capacity of superior court judges: the judicial appointment process and the language training available to judges appointed to superior courts.
Date
2013
Pages
52
Language
en
Rights
You are not authorized to use or reproduce this work for any commercial purpose or to further distribute, perform, or alter works in any way without express permission of the owner of the copyright or proxy.
Citation
Canada. Office of the Commissioner of Official Languages. Access to Justice in Both Official Languages : Improving the Bilingual Capacity of the Superior Court Judiciary, 2013.
Subject
  • Government and Law
  • Language and Language Use
Geographical area
  • Canada
Type
  • Report