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.
“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. The government will surely appeal his decision. Note that this does not change the current “state of the law”.
Article 10 of the French Language Charter was to come into force on 1R 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 practice, this can cause delays, as a judge must wait for an official translation to deliver his decision.
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.
Since its adoption it has fallen into relative oblivion Act with respect for Quebec’s official and common language, French In 2022, a few weeks ago Article 10 was back in the news – in English – as Christine Bright was charged with dangerous driving causing the death of a cyclist. His trial is scheduled to begin in early June.
Judge Kaliatsatos then decided to examine the constitutional validity of this discriminatory provision against English speakers. An exceptional effort.
Lawyers for the Attorney General of Quebec (PGQ) tried everything to prevent the magistrate from ruling on the question, but a Superior Court judge on Friday rejected the PGQ’s request. That same day, Judge Kaliatsatos delivered his 34-page decision.
The magistrate first asserts that his ruling relates only to the duty to translate a judgment delivered in English “immediately and without delay”, not to the principle of translation.
The judge criticizes the PGQ for failing to first mention steps to be taken to translate judgments quickly. “It was like a caramel secret,” he imagined. Since then, PGQ has revealed that the government is still negotiating an agreement with SOQUIJ (Quebec Legal Information Society), two weeks before the article takes effect.
“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.
We also learn 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? », says the judge.
However, Judge Kaliatsatos believes that the use of AI will affect the confidentiality of unpublished judgments that are “so confidential”.
The judge was very harsh with the Director of Criminal and Penal Cases (DPCP), who suggested that his decision be delivered orally to avoid the hassle of immediate translation. The judge complains that it is a “disgraceful” solution and a “gross insult” to judicial independence.
“If this position is linked to the 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.
