 |
| Ruphine Djuissi |
When I was contacted to contribute to this column on access to justice, nothing other than access to justice in French could have come to my mind. It is a privilege and an honour for me to speak about something that is close to my heart not only as a Francophone but also and especially because I consider myself quite privileged to hold the position of Principal lawyer at the L’Association des juristes d'expression française du Manitoba (AJEFM) — Infojustice, an organization advocating for access to legal services in French in all areas of law in Manitoba. The privilege of this position is also that it allows me, in addition to participating in conferences and other activities on access to justice in French, to provide legal information and workshops to the general Francophone public and, above all, to represent Francophones who are victims of violence in court and, therefore, to see many facets of the difficulties of access to justice for a Francophone litigant. My biggest dream as a francophone and a lawyer is that one day the justice system becomes as accessible to a francophone as it is to an anglophone, whether they are a litigant or a legal professional. Let justice be “just.”
During my call to the Manitoba bar in 2022, I promised myself to do my best to help ensure that the Francophone community has access to justice just like any other of their English-speaking fellow citizens. Although much remains to be done in this regard, it is encouraging to see that the topic is increasingly being debated publicly, that issues are being addressed and that a few measures are being considered to improve deficits. It is only by talking about the problem that we will rush decision-makers to react and justice system stakeholders to become aware of the extent of the “lack of access” to justice for Francophones.
Canada has two official languages, French and English. The Canadian Charter of Rights and Freedoms provides that: “Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament …” Unfortunately, access to justice in French outside Quebec remains a combat route, and even worse when you are a unilingual Francophone. It is not uncommon for Francophones to be subjected to legal proceedings in English on the excuse that they speak or understand English. The most recent evidence is in the decision R. v. Tayo Tompouba, 2024 SCC 16, where the Supreme Court of Canada had to intervene to confirm that a Francophone litigant has the right to have a trial in their official language.
We are all concerned by the access to justice as you never know what is around the corner that can lead you to need the services yourself and even if you speak or understand English, you would appreciate it to be able to use the language in which you are more comfortable, especially when you are facing justice. In my specific case, to be able to practise law in Canada as an internationally trained lawyer, I had to write exams with the Federation of Law Societies of Canada. I would have loved to write my law exams in my first official language, which is French, but I had no choice but to submit to the majority language of law in Canada: English. I can imagine all the frustrations that this same linguistic imposition can create for Francophone litigants.
Specialized in family law, s. 23.2(1) of the Divorce Act explicitly provides that: “A proceeding under this Act may be conducted in English or French, or in both official languages of Canada.” Further in s. 23.2(2): “In any proceeding under this Act, … (c) any party to that proceeding has the right to a judge who speaks the same official language as that party or both official languages, as the case may be; …”
Unfortunately, the lack of judges, clerks or legal professionals capable of working in French makes the application of this law difficult, to the detriment of Francophones. As an example, dealing with a case where I represented the francophone party, I have had to justify to an opposing lawyer why I used French in the pleadings. Also, it is common to hear an opposing counsel say that because a client has always communicated in English with his client, the choice to use French in a legal proceeding involving both is not justified. In addition, the lack of bilingual staff in the judicial system means two to three times the delays for someone who chooses to use French in their legal proceedings. The lack of qualified professionals capable of working in French easily is also a major obstacle to access to justice for Francophone litigants who, most of the time, will resolve to accept the English language to be able to move forward and reduce delays in their procedures.
Initiatives and possible solutions
In my humble opinion, it is essential that the federal government work hand in hand with the provincial government to ensure effective access to justice in French, particularly by ensuring that staff are bilingual at all levels. It will also be necessary to strengthen organizations providing legal information and support within the communities to provide legal information in French in order to make the system more accessible to non-specialists, to provide training and awareness, to ensure diversity and representation within the judicial system, to offer linguistic and cultural support through translation and interpretation services and to ensure that courts and legal services are accessible in French.
Ruphine Djuissi is a lawyer at L’Association des juristes d’expression française du Manitoba (AJEFM), where she wholeheartedly contributes to access to justice in French daily. She is also an executive board member of the Canadian Bar Association (French Speaking Common Law Section) and a member of a Standing Committee with the Law Society of Manitoba. Called to the Manitoba Bar in 2022, Djuissi earned her Law degree from the University of Yaoundé II.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, LexisNexis Canada, Law360 Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
Interested in writing for us? To learn more about how you can add your voice to Law360 Canada, contact Analysis Editor Richard Skinulis at Richard.Skinulis@lexisnexis.ca or call 437-828-6772.