A Quebec court judge torpedoed part of the Legault government’s French-language reform in a bitter ruling. Judge Dennis Kaliatsatos ruled that an obligation to translate judgments handed down in English into French without delay cannot be imposed in criminal cases. Quebec will appeal the decision.
“Ultimately, in the real world, English-speaking defendants are treated less favorably than French-speaking defendants because they have to wait longer to learn their fate,” the judge concludes. Note that its decision does not change the “state of the law” at present.
Quebec Justice Minister Simon Jolin-Barrett announced Tuesday that the government will appeal the “specific” ruling. “There is one fundamental thing, and that is that justice in Quebec must be administered in French,” the minister said in a press scrum.
According to two decisions of the Supreme Court and six decisions of the Court of Appeal of Quebec, the languages of criminal justice in Quebec are French and English. “The Attorney General refuses to recognize this principle,” says the judge.
At the heart of the conflict: Article 10 of the Charter of the French Language, due to take effect on the 1st.R Next June. The article states that the French version of the judgment delivered in writing in English must be attached “immediately and without delay”.
In his ruling, Judge Kaliatsatos renders the words “immediately and without delay” ineffective because they are inconsistent with the criminal law and impinge on federal jurisdiction.
Essentially, the judge said, Quebec does not have the right to play within the confines of the Canadian Parliament in criminal matters. However, Quebec insists: this decision has a very limited scope. But it remains to be seen what other judges will read into this.
Fell into oblivion since adoption Act in a manner that respects French, the official and common language of Quebec In 2022, the article returned to the news in early May 10, in English – Christine Bright, charged with dangerous driving in the death of a cyclist. His trial is set to begin in early June.
Judge Kaliatsatos then decided to examine the constitutional validity of this discriminatory provision against English speakers. An exceptional initiative, but based on precedents. The Court of Appeals has already recognized that a judge has the power — albeit a limited one — to raise a constitutional issue on his own, Justice Kaliatsatos recalled.
Photo by Andre Bichet, La Presse Archives
Dennis Kaliatsatos, when he was a lawyer, in November 2016
Lawyers for the Attorney General of Quebec (PGQ) tried everything to prevent the magistrate from ruling, but the High Court on Friday rejected PGQ’s request. That same day, Judge Kaliatsatos delivered his 34-page decision.
The magistrate insists that his ruling only relates to the duty to translate a judgment delivered in English “immediately and without delay”, not to the principle of translation. Furthermore, it does not attack the legality of the law or the charter of the French language.
“The Caramilk Secret”
The judge criticizes the PGQ for failing to specify steps to be taken to translate judgments expeditiously. “It was like Caramel Secret,” he imagined. Then, two weeks before the article took effect, PGQ revealed that the government was still negotiating with the Société Québécois d’Information Letel (SOQUIJ).
“We now know that the PGQ has expressly recognized that Article 10 will extend the time limit for all English judgments regardless of what the government does. This permission is a real U-turn, as initially, the PGQ said my concerns were completely unfounded,” says the judge.
However, Minister Jolin-Barrett promises that Article 10 will cause “absolutely” no delay. The minister also denied discrimination against English speakers.
“The French are not about delaying things. We are in Quebec. […] The official language of Quebec is French. “This ensures that justice is done and understood by the people living in Quebec,” the minister continued.
Same story with French language minister Jean-Francois Roberge. “I think there is a real error. In these arguments, he says that the translation into French would be delayed. We disagree. »
The judge emphasized in his ruling that the government is considering using artificial intelligence for translation.
“The court will not decide whether it is good or bad. If artificial intelligence can translate simulated songs by Drake and Taylor Swift, it can translate decisions that affect citizens’ rights and liberties, right? », the judge jokes.
But Judge Kaliatsatos believes the use of AI will affect the confidentiality of unpublished judgments, which are “highly confidential”.
The judge was very harsh with the Director of Criminal and Penal Prosecutions (DPCP), who suggested that his decision be delivered orally to avoid the hassle of immediate translation. A “severe” remedy and a “gross affront” to judicial independence, saddens the judge.
“If this position is linked to political ideology and loyalty to the Attorney General of Quebec, it would be useful to remind the DPCP that, as an institution, it must stay away from partisan political issues and pressures,” says the judge.
They said
Photo by Edward Plant-Freshette, La Presse Archives
Liberal Party interim leader Mark Tanguay
This was one of the many complaints we had under Bill 96. Therefore, he should amend the law. [pour] “within a reasonable time”. To have it at the same time is technically very difficult, systematically impossible […] Yes to translation, but within a reasonable time frame.
Marc Tanguay, interim leader of the Quebec Liberal Party
Photo by Jacques Bosinot, Canadian Press Archives
Christine Labrie, interim co-spokesperson for Quebec Solider
We wanted the judgments to be translated, but we also wanted to fight delays in the judicial system, so we have to see where the balance point is.
Christine Labrie, interim co-spokesperson for Quebec Solitaire
Photo by Edward Plant-Freshette, La Presse Archives
Pascal Bérubé (right), MP for Matane-Matapedia, and Pascal Paradis, MP, Jean-Talon
It must always be in French. It’s annoying that it’s not in French […] A move like this has so much potential, the government can quickly implement it when there are others.
Pascal Bérubé, spokesperson for the Parti Québécois on French-language matters
Photo by Spencer Colby, Canadian Press Archives
Leader of the Black Quebecois, Yves-François Blanchet
It gave me the feeling of a judge saying, “I’m a judge and I disagree with something, so I’m going to establish my own judge’s approach to go against Article 96.” It is a very unique process.
Yves-François Blanchet, leader of the Bloc Québécois
With Fanny Lévesque, Hugo Pilon-Larose and Mylène Crête, Pres
The story so far
1R June 2022
there Act in a manner that respects French, the official and common language of Quebec, accepted. Section 10 comes into force after two years.
1R May 2024
Judge Kaliatsatos issues a ruling that allows the constitutional validity of Article 10 of the French-language Charter to be examined.
May 17, 2024
The judge renders inoperative Article 10 of the Act, which mandates a mandatory translation into French of a judgment rendered in English.
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