A judge suspended two articles of Act 96 on the French language in Quebec

In a written ruling released Friday, Judge Chantal ruled out Corriveau’s stories An Act respecting the official and common language of Quebec, French The companies will have to pay a certified translator to produce French versions of legal documents, possibly on hold until their legal challenge is heard on the merits in November.

The new law will come into effect from September 1.

Judge Corriveau agreed with lawyers who challenged both of these provisions of the law. They argue that this translation requirement leads to delays and costs, which can be especially detrimental to small and medium-sized businesses.

Two provisions of the law suspended by Judge Corriveau provide just that Any actions emanating from a legal person, if drawn up in English, must be accompanied by a certified French version from a certified translator to allow them to be filed in court..

However, according to the judge. Evidence presents a serious risk that, in these cases, certain legal persons will not be able to assert their rights before the courts in a timely manner or will have to do so in a language other than the official language in which they and their lawyers are present. Better fluent and they identify on their own.

Lawyers who challenged sections of the Act argued that the translation requirement violated sections of the Constitution Act, 1867, which guaranteed access to the courts in Canada’s two official languages.

prejudices

Justice Corriveau acknowledged that lawyers had raised serious questions about whether these provisions of the new law violated sections of the Constitution Act, 1867, which guaranteed access to the courts in Canada’s two official languages.

According to court documents, attorneys claim there are a limited number of certified legal translators, especially in certain areas, whose services cost between $0.20 and $0.40 per word.

Members of the Mohawk Council in Kahnawake also filed affidavits indicating they were among the many groups that would be harmed by the law.

Lawyers representing Quebec’s attorney general reject the thesis that there are not enough certified translators or that the translation requirement creates barriers to accessing the legal system.

In the office of Justice Minister and French Language Minister Simon Jolin-Barrett, a spokesperson argued the terms of the ruling in an email Friday. Aims to promote better access to justice in French, the official and common language.

The government is firmly committed to protecting this fundamental rightElisabeth Gosselin declined to comment further. For this moment.

Justice Corriveau agrees that lawyers have raised valid questions about obstruction of justice, particularly in the case of emergency remedies. Speedy intervention before the courts may be necessary to avoid irreparable harm.

Law Goes a long way

Félix-Antoine Doyon, the plaintiffs’ lawyer, said his clients believed in the need to protect the French language, but believed the government had lost. far away 96 with certain provisions of the Act.

We must protect the French, but we must also protect access to justice and remember that in a civilized society, justice exists for people and legal persons as well., he said in a telephone interview. Me Doyon expects to be ready to argue the case on the merits in November.

These lawyers are part of several groups challenging the law regarding the official and common language of Quebec, French, in court. Passed by the National Assembly in May, the law brings specific amendments to the Charter of the French Language, commonly known as Law 101.

Me Doyon said his challenge only concerned a very small part of the entire law and he cautioned against the temptation to draw broad conclusions about what Justice Corriveau’s decision meant for other disputes.

A new law It aims to strengthen the use of French in Quebec by updating language regulations that specifically affect businesses, colleges, immigration and the courts.

Law also motivates in a manner Prevention The contempt clause is provided by the Canadian Constitution to protect against possible challenges based on certain articles of the Charter of Human Rights and Freedoms.

On the other hand, Judge Corriveau pointed out The present debate is not part of the challenge of the legislature raising the provision in derogation of the fundamental rights protected by the Charter of Human Rights and Freedoms..

The object of this action was to challenge what was alleged to be a departure from the provision of the Constitution Act, 1867The judge said.