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Implementation of section 41 of the Official Languages Act

Home - Section 41 - Role of Justice Canada - Publications - Action Plan 2005-2010

Five-Year Action Plan 2005-2010

Summary

Background: Targeted Outcomes of the Strategic Plan

The Department of Justice‘s 2004-2009 Strategic Plan for the Implementation of Section 41 of the Official Languages Act, Community Component targets the following three direct outcomes:

Direct Outcome 1: Recognition of the government’s commitment to Section 41 of the Official Languages Act as a key dimension to take into account in the implementation of departmental programs and services.

Direct Outcome 2: Increased understanding of departmental programs and services by Official Language Minority Communities.

Direct Outcome 3: Increased understanding by the communities, as well as by the Department, of the impact of the policies implemented in the area of justice on the development of these communities.

This Action Plan describes the main measures proposed or outputs to reach the Strategic Plan’s three direct outcomes. Together, the measures adopted will lead to the achievement of the following intermediate and ultimate outcomes, also described in the Department’s Strategic Plan:

Intermediate Outcome: Increased cooperation, with the participation of Official Language Minority Communities, between the Department of Justice of Canada and provincial and territorial Justice Departments in the implementation of initiatives contributing to the development of communities in the area of justice.

Ultimate Outcome: To offer justice-related programs and services in the minority language those are comparable to those offered in the majority language.

Four priority areas

The Department has identified four priority areas.

Internal awareness-raising: The Department will raise the awareness level of management and employees regarding the requirements of the implementation of Section 41 and the approach and means that will be used to promote the development of Official Language Minority Communities. All levels of the Department and all programs will be involved: the Executive Committee, senior management, program directorates, regional directorates and employees. For 2005-2010, five departmental components have been selected due to their potential impact on the development of Official Language Minority Communities. These priority components were chosen following widespread consultations with community leaders.

External consultation and communication: The Department has made a strategic decision to invest considerable resources in the creation of permanent consultation structures that will help establish ongoing working relationships with Official Language Minority Communities. In February 2004, the Department created the Advisory Committee – Justice in Official Languages, whose mandate is to ensure linkage between legal and official language minority community stakeholdersand the Department of Justice. Two Sub-Committees reporting to the Advisory Committee have been implemented in 2004-2005: an Advisory Sub-Committee, Access to Justice in Both Official Languages and an Advisory Sub-Committee, Community Component of Section 41 of the Official Languages Act (Francophone and Anglophone Components).

The Department will also implement ongoing communication strategies in order to let communities know about its programs and policies. The following major Department stakeholders will make their respective contributions to community communications: the Office of La Francophonie, Justice in Official Languages and Legal Dualism, which coordinates the implementation of Section 41 for the Department; the directorates of the five priority components identified; and the Regional and Departmental Program and Policy Coordinators.

Taking into account of Section 41 in federal-provincial-territorial agreements: Since the administration of justice is a shared jurisdiction between the various government levels, the Department plans to influence the provinces and territories to take into account Section 41 in federal-provincial-territorial agreements in the area of justice.

Interdepartmental partnerships: The Department will explore the possibility of entering into formal interdepartmental partnerships.

The role of Attorney General is excluded from this Action Plan.

In the area of linguistic duality, the Department has carried out a number of projects and activities through the Official Languages Law Group, including:

• promoting respect for linguistic rights and the Constitution;
• raising public awareness in the area of official languages;
• training in law faculties;
• development of tools and reference books;
• publications.

These activities related to linguistic duality will be maintained. However, in light of the major needs identified in Official Language Minority Communities, the Department has chosen to give priority to the first component of Section 41, which targets the development of these communities.

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