Author: Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages : 30
Book Description
Bilingualism in Canada's Court System
Author: Bilingualism in Canada's Court System
Author: Marie-Ève HudonPublisher:
ISBN:
Category : Bilingualism
Languages : en
Pages : 30
Book Description
"This Background Paper explores the rules that govern the use of both official languages in Canada's justice system, with particular focus on the role of the federal government. First, it provides an overview of Canada's court system, followed by an examination of the legislative and constitutional framework of bilingualism in the federal context, both in federal courts and in the criminal law. Lastly, it looks at some current issues related to the use of both official languages in Canada's court system"--Introduction, page 1.
Bilingualism in Canada's Court System
Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
'This Background Paper explores the rules that govern the use of both official languages in Canada's justice system, with particular focus on the role of the federal government. First, it provides an overview of Canada's court system, followed by an examination of the legislative and constitutional framework of bilingualism in the federal context, both in federal courts and in the criminal law. Lastly, it looks at some current issues related to the use of both official languages in Canada's court system'--Introduction, page 1.
Bilingualism in Canada's Court System
Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
With respect to judges of the Federal Court, Federal Court of Appeal and Tax Court of Canada, candidates are reviewed by advisory committees and appointed by the Governor General acting on the advice of the federal Cabinet, upon the recommendation of the Minister of Justice (puisne judges) or the Prime Minister (Chief Justices and Associate Chief Justices).5 Figure 1 depicts the overall structure [...] French are the official languages of • Supreme Court Act Furthermore, section 133 Canada and includes the principle, • Rules of the Supreme Court stipulates that the Acts of "to advance the equality of status of Canada the Parliament of Canada and or use of English and French." of the Legislature of Quebec • Federal Courts Act Section 19 establishes that either must be printed and published Englis [...] One of the unique features of the Code is that the accused has the right to be tried in the language of his or her choice, regardless of location in Canada, and to be informed of that right. [...] As of October 2016, these committees must reflect the diversity of the Canadian population, including with respect to the representation of "members of linguistic minority communities."24 Once the list of candidates has been established, the Minister of Justice presents it to the federal Cabinet and the appointments are made.
The Supreme Court of Canada as a Bilingual and Bicultural Institution
Author: Peter H. RussellPublisher:
ISBN:
Category : Biculturalism
Languages : en
Pages : 308
Book Description
Bilingualism in the Federal Courts
Author: Marie-Ève HudonPublisher:
ISBN:
Category : Bilingualism
Languages : en
Pages : 0
Book Description
"This document analyzes the rules that govern the use of both official languages in federal courts, that is, the courts established by Parliament. It gives a brief overview of Canada's court system before examining the legislative, constitutional and judicial framework of bilingualism in the federal courts. Lastly, it reviews the unique case of the Supreme Court of Canada and summarizes the recent debate on adding language requirements for the judges who sit on the Supreme Court bench"--Introduction, page 1.
Deep Apple Pie, Language and the Law in Canada
Author: Keyvan SayarPublisher: Lulu.com
ISBN: 1291633553
Category : Law
Languages : en
Pages : 252
Book Description
According to Canadian poet Frank Oliver Call, the soul of Canada is a dual personality, and must remain only half revealed to those who know only one language . With each of Canada's official languages comes indeed a mindset, a culture, a legacy. In addition to quebecois bijuralism, the federal/provincial division of powers, Nunavut's unique Aboriginal legal order and the influence of the United States, language, a too-often overlooked element, plays an essential role in shaping Canadian law. In a globalized world where cultures meet and legal systems blend, virtually all regional and global institutions created since the twentieth century have been faced with the challenge of producing multilingual rules acceptable and workable for all their members. Despite its flaws and paradoxes, the Canadian legal system is a fascinating example of legislating and administering justice in a truly multicultural society.
Bilingualism in the Federal Courts
Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Supreme Court Act section 133 stipulates principle, "to advance the Section 530.01 gives the Rules of the Supreme that the Acts of the equality of status or use accused the right to obtain Court of Canada Parliament of Canada of English and French." from the prosecutor a Federal Courts Act and the legislature of Section 19 establishes translation of the portions of Quebec must be Federal Courts Ru [...] The Office of the Commissioner for Federal Judicial Affairs Canada is courts of appeal in the responsible for the administration of the provinces and territories. [...] Year after year, stakeholders have called for the federal government to appoint a sufficient number of bilingual judges, especially to courts administered by the provinces.9 3.3 THE RIGHT TO BE HEARD OR UNDERSTOOD IN THE LANGUAGE OF ONE'S CHOICE Does the right to use the official language of one's choice mean that one has the right to be understood in that language without the use of an interprete [...] Finally, superior court judges must be better aware of the language rights of those who appear before the courts in order to ensure substantive equality in access to justice in both official languages.29 3.6 THE EQUALITY OF THE TWO OFFICIAL LANGUAGES In the Beaulac case, the Supreme Court of Canada stated that the purpose of sections 530 and 530.1 of the Criminal Code is to: provide equal access t [...] In the DesRochers case, the Supreme Court stated, "Substantive equality, as opposed to formal equality, is to be the norm, and the exercise of language rights is not to be considered a request for accommodation."33 The principle of the equality of the two official languages that is recognized in Canadian case law provides for the equal treatment of the two language communities in Canada.
Supreme Court of Canada as a Bilingual and Bicultural Institution
Author: Peter H. RussellThe Equitable Use of English and French Before the Courts in Canada
Author: Canada. Office of the Commissioner of Official LanguagesPublisher: The Commissioner
ISBN: 9780662239383
Category : Bilingualism
Languages : en
Pages : 107
Book Description
This report begins with an overview of the constitutional background on the use of English and French in the Canadian court system, including federal and provincial courts, the Supreme Court of Canada, and the respective constitutional powers of the federal and provincial governments which allow for legislative and policy initiatives that supplement entrenched language rights. It then reviews language use in courts of criminal jurisdiction, including amendments made to the Criminal Code which recognise the right of accused persons to be tried in either English or French; the scope of Criminal Code provisions; guidelines and policies on the manner in which language rights of the accused are recognised and respected; and language use in the provincial courts, noting the considerable differences among provinces in minority language use in criminal proceedings. Finally, the report considers courts of civil jurisdiction, including federally and provincially constituted courts, again noting differences in minority language use among the provinces. The report concludes with recommendations regarding language rights in the courts.