Message from Santa Claus to Trinda Ernst, President of the Canadian Bar Association (Vancouver, August 11, 2012)
[Français]
Dear President:
While at the Calgary Courthouse, on August 2, 2012, I declared that I have been made aware of the following situation:
a) Madam Justice Cook-Stanhope pronounced three times a few words in French and these words were not transcribed. In their place, on those three times, one can read the notation "FOREIGN LANGUAGE SPOKEN" (see pages 13, 15 and 19 of the transcript).
b) Accused Guy Vaillant said a few words in French and these were not transcribed. Instead, one can read the explanation "OTHER LANGUAGE SPOKEN" (see pages 1 and 2 of the transcript).
c) Madam Justice Anne Brown and the lawyer of the accused spoke in French and their statements were not transcribed. Instead, on fifteen occasions, one can read the notation "OTHER LANGUAGE SPOKEN" (see pages 1 and 3 of the transcript).
I pledged to raise the issue with the Premier of Alberta regarding this situation which seems unfair. I publicly invited the Honorable Alison Redford to ensure that the guidelines for judicial transcripts be amended as soon as possible to provide for transcription of statements made in French.
I realize that the problem is more important than I thought at first. Justice Alberta has a very odd interpretation of the constitutionnel right to a full and complete defence and of language rights. According to a Letter from Justice Alberta on Guidelines for transcript production (August 17, 2011), by an Assistant Deputy Minister, it could be acceptable that English or French statements would not be part of a judicial transcript.
As the Canadian Bar Association is dedicated to support for the rule of law, and improvement in the law and the administration of justice, you are in a good position to advise the Honorable Alison Redford. You will be welcoming her this coming August 14 at the Canadian Legal Conference at the Vancouver Convention Centre. I invite you to intervene in this issue of access to justice in both official languages and to keep me posted.
Santa Claus
Email : info@CapitalDocumentation.ca
Categories : Justice
Last Update : 2012-08-13
