Law Times

Law Times • December 3, 2012 Page 3 NEWS Bilingual judges may face assessment to prove language skill first vice president Pascale Daigneault. For its part, the OBA is taking steps to make members more competent in uture bilingual Ontario judges may both official languages, Daigneault adds. have to prove their French-language "Earlier this year, I participated in the recompetency through an objective cording of the OBA's first French continuassessment as the Ministry of the ing professional development program, Attorney General acts on recommended which qualifies for CPD professionalism improvements to access to justice in French. credits," she says. The OBA has 300 members who have Consistent language-proficiency rerequested communication in French. quirements throughout all Ontario courts Daigneault notes the OBA will also are among the proposals included in a report prepared recently by the French go online with its French Without Tears language services bench and bar advisory language program. It has offered the program to members in Toronto and Ottawa committee. A steering committee will review and over the last 15 years in order to increase implement the suggestions in the report. It competency in French. The updated web site will also allow concluded that accessing justice in French the public to search for French-speaking in the province is "difficult, time-consumlawyers, she says. ing, and expensive." The committee's report pointed to sev"Ontario's three levels of court do not eral other shortcomings use a single or consistent in Ontario's courts when definition of the linguisit comes to serving French tic qualifications of a bispeakers that it said comlingual judge or justice promises access to justice. of the peace, nor do they "Over two million prouse a similar process to vincial offences charges identify who is a bilinare brought annually ungual judge or justice of the der statutes governing peace," the report stated. public welfare matters," "This inconsistency leads the report stated. to widely varying levels of "Based on the proporFrench proficiency among tion of Ontarians who are Ontario's 'bilingual' judicial French-speaking, this repofficers." The justice minister's People shouldn't assume that fluency resents over 100,000 projudicial appointments ad- in written French translates into spo- vincial offence charges for NEW PUBLICATION visory committee should ken eloquence in the language, says which the accused had a MILLER THOMSON ON ESTATE PLANNING right to proceed in French." adopt the written and Paul Le Vay. EDITOR-IN-CHIEF: MARTIN ROCHWERG Yet a lack of francooral language assessment method used by the justices of the peace ap- phone judges and other staff means franpointments advisory committee, the report cophone defendants often have to choose How can you be certain that the will or non-testamentary documents you said, as it "objectively [evaluates] candidates' between coming back another day and are drafting today are sturdy enough to withstand scrutiny and challenge? proceeding on the same day in English, language competency." This new looseleaf service for lawyers and other professionals who manage Currently, prospective justices of the the report said. Neither choice is fair, the finances provides a comprehensive analysis of Canadian estate planning peace undergo tests for oral and written report stated. According to the report, and administration to help ensure your client's goals are met and his or her intentions carried out. French abilities just as civil servants do. For electing to proceed in English disregards federal judicial officer applicants, the pro- the accused's language rights while adMiller Thomson on Estate Planning offers insight into multiple planning cess involves merely asking if they're able to journing the hearing can be costly. issues across Canada, including Québec, such as: trusts, estate administration, "The accused may also view requesting hear and conduct a trial in French. insurance planning, charitable planning, disability planning, business Paul Le Vay, president of the Associa- an adjournment as an indication that he succession and corporate restructuring, and the legal implications of tion of French Speaking Jurists of Ontario, or she is less than fully co-operative. Thus, immigration and emigration and other cross-border issues. says people shouldn't assume that fluency French speakers who speak English are likeThe book identifies the many factors at play when creating an estate plan: in written French translates into spoken ly to choose to proceed in English, rather • Directing assets to the desired beneficiaries, through the estate eloquence in the language. "It requires a than exercise their French language rights. or otherwise "The reality in Ontario is that delays are different level of language ability to, for ex• Imposing terms and conditions on gifts where appropriate ample, read a written document and make never encountered in the justice system • Minimizing the tax implications of the plan so as to provide the most a decision based only on the submission in because one of the players — staff, lawvalue to the ultimate beneficiaries writing on the one hand and on the other, yers, judges or justices of the peace — does • Minimizing administrative and court costs on death and incapacity say to conduct a jury trial where you have not speak English," the report stated. "The • Protecting the estate from creditors and other claimants to talk to members of the jury and listen situation is quite different for a person who • Adapting to changes in family and financial circumstances to witnesses who may be speaking with a chooses to proceed in French." In addition, Ontario's courts have a long particular accent and be able to understand All relevant legal aspects relating to ownership and disposition of, and succession to, property in Canada are covered – including the rights, way to go in informing French speakers of them," he says. entitlements or expectations of various parties connected to the client. Le Vay, who co-chaired the committee's their right to trial in their own language, the report to the ministry, adds that consistency report says. According to the report, the isSee complete listing of all contributors – visit carswell.com/mtep in evaluation will improve the quality of ju- sue is particularly significant for self-repredicial services because right now "there is sented family law litigants who are less likely ORDER # 984927-65203 $400 no defined standard in Ontario on what it to be aware of that right. 2 volume looseleaf supplemented book The system should make litigants aware 1-3 supplements per year Supplements invoiced separately means to be a bilingual judge." 978-0-7798-4927-7 The bottom line, he says, is that "the two of their language rights at "first point of conShipping and handling are extra. Price subject to change without notice and subject to applicable taxes. official languages of Ontario courts are tact," the report states. The issue of access to justice in French French and English. Nobody ever has to raise the question, 'Does the judge have a was a key question for the official languages commissioner of Canada this summer. proper understanding of English?' "Our view is that a judge hearing a That's when the commissioner launched a Order online: www.carswell.com/mtep bilingual matter, hearing evidence in study of six provinces to look at the role biCall Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 French, that judge's grasp of French lingualism plays in the appointments proshould be every bit as good as a judge's cess for judges and the language training provided to them. understanding of English." The study will look at the superior The Ontario Bar Association's ofOntario, Quebec, ficial languages committee will be re- and appeal courts inAUTHORITATIVE. INNOVATIVE. TRUSTED. viewing the report and will provide Manitoba, Alberta, New Brunswick, and LT suggestions to the government, says Nova Scotia. BY YAMRI TADDESE Law Times F SEAMLESS, EFFICIENT ESTATE PLANNING STARTS HERE AVAILABLE RISK-FREE FOR 30 DAYS www.lawtimesnews.com

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