A Quebec Court judge has challenged the constitutionality of a section of the Charter of the French Language adopted by the Coalition Avenir Québec (CAQ) government.
According to Justice Dennis Galiatsatos, the obligation to make available “immediately and without delay” a French translation of an English judgment will have discriminatory effects on English-speaking litigants, in that it will considerably slow down the judicial process.
Section 10, the obligation to make a French translation of a judgment available immediately and without delay, is a provision of the Charter of the French Language, due to come into force on June 1.
The case originally concerned the criminal trial of a driver, Christine Pryde, charged with dangerous driving, impaired driving and criminal negligence causing the death of a cyclist, Irene Dehem, on May 18, 2021. The accused had requested a trial in English.
“This would imply that Ms. Pryde, the Crown and Irene Dehem’s family will all have to wait several more weeks or months … to receive the final judgment, even though it will be ready long before that, on a shelf, awaiting a translation from Court Services, which will then have to be reviewed, corrected and approved,” writes Justice Galatsiatos.
“In the meantime, all interested parties will be denied the conclusion they have been eagerly awaiting since the fatal collision of 2021.”
The CAQ government has already said on Tuesday that it will appeal Judge Galatsiatos’ decision, which incidentally applies only to the case he ruled on.
“This ruling makes no sense,” said Simon Jolin-Barrette, Quebec’s Minister of Justice and Attorney General, during a press scrum at the National Assembly on Tuesday. Incidentally, he is also the minister who piloted the reform of the Charter of the French Language adopted a year ago.
Section 10 is not discriminatory and “is not intended to delay things,” he assured.
“It’s important for Quebecers to be able to hear, understand and read Quebec court judgments. The language of justice in Quebec is French,” he said.
Jolin-Barrette added that the judge’s decision on May 1 was “quite unusual,” since he was ruling on an issue that neither party in the Pryde trial had raised.
This report by The Canadian Press was first published in French on May 21, 2024.