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Implementation of section 41 of the Official Languages Act
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Home - Section 41 - Role of Justice Canada - Publications - Status Report 2001-2002


STATUS REPORT 2001-2002

IMPLEMENTATION OF SECTION 41 OF THE
OFFICIAL LANGUAGES ACT

Official Languages Law Group
OBJECTIVES PRINCIPAL MEASURES OUTPUTS 2001-2002
  • To inform the public, and more specifically the legal community and official language minority communities, regarding language rights, particularly rights relating to the administration of justice, and to raise awareness of those rights.
  • Ensure optimal distribution of the Annotated Language Laws of Canada prepared by the Official Languages Law Group, and update the text.
  • The OLLG updated the work entitled Lois linguistiques du Canada annotées [Language Legislation in Canada Annotated] in October 2000. This update in a P.D.F. (acrobat) version is always available on the Web site of the Department of Canadian Heritage.
 
  • Take part in conferences, seminars and other educational and training activities relating to language rights.
  • Participated in and helped organize the conference held to mark the twentieth anniversary of the Program to Integrate Both Official Languages in the Administration of Justice (POLAJ) in November 2001.
   
  • Participated in and helped organize the conference entitled "Old conflicts, new arguments: Language rights in light of recent decisions in Ontario and Quebec" organized by the Canadian Bar Association - Ontario Section in October 2001.
   
  • Participated in the conference of the Fédération nationale des conseillers et conseillères scolaires francophones [national federation of Francophone school trustees] in October 2001.
  • Participated in the conference organized for French-speaking lawyers in western Canada and the territories in May 2001 by providing a speaker.
  • Participated in the symposium on the official languages held in the Atlantic Region in October 2002.
  • Participated in teaching and training activities at the University of Ottawa.
   
  • In April 2002, the OLLG took part in two conferences to mark the twentieth anniversary of the Charter, one organized by the Association for Canadian Studies and the other organized jointly by the Canadian Bar Association and the Department of Justice.
   
  • Appearance before the Senate Standing Committee on Legal and Constitutional Affairs during its examination of Bill

S-32, to discuss Part VII of the Official Languages Act.

  • Piloted and worked actively on the whole process of preparing and securing the enactment of Bill S-41, An Act to re-enact legislative instruments enacted in only one official language.
 
  • Complete the guidelines on the language rights of accused persons in criminal proceedings (sections 530, 530.1 and 841(3) of the Criminal Code) and have them distributed through POLAJ and the official language minority associations of lawyers.
  • The guidelines for Crown Counsel were completed and submitted for final approval to the Minister. They will be included in the near future in the Manual of the Federal Prosecution Service.
   
  • The new guidelines were introduced at the conference of Crown Counsel in Halifax in June 2002. Other publicity activities are currently being prepared.
  • To inform public servants, both inside the Department and in the client departments, regarding language rights, and raise their awareness of the importance of those rights.
  • Organize and take part in conferences, workshops and other presentations designed to increase awareness of the language obligations of federal institutions.
  • Prepared work and information tools for officials in the Department and in other departments (for example, summaries of decisions relating to language issues).
   
  • Presentation on the linguistic obligations of the Department relating to the use of the Internet to the JED/Access to Justice group.
  • Participating in both the Interdepartmental Research Group on Official Languages and the Interdepartmental Advisory Committee on the Official Languages.
 
  • Assist the Legal Training Division in implementing a training module for client departments on the Official Languages Act, and see that the module is delivered.
  • The training module has almost been completed.
 
 
  • Develop recommendations for action on the consultations conducted based on the working document entitled "Towards a Consolidation of Language Rights in the Administration of Justice in Canada", submit them to the Minister and coordinate the implementation of the recommendations approved by the Minister.
  • The Department's policy projects on access to justice in both official languages were presented at the Federal-Provincial-Territorial Meetings in June 2001 and June 2002.
   
  • Played an active role in the major national study of the administration of justice (Situation Report) commissioned by the Department of Justice of Canada. The object of this study was to provide a picture of the situation with respect to legal services in the minority official languages and to determine possible solutions designed to meet the specific needs of the provinces and territories. Follow-up action on this study forms part of the action plan of the Minister responsible for co-ordination of the official languages, Stéphane Dion.
  • To support and coordinate various policy initiatives designed to advance language rights in the administration of justice and within the government.
  • Coordinate the government's response to the study entitled "The equitable use of English and French before federal courts and administrative tribunals exercising quasi-judicial powers", published by the Commissioner of Official Languages in March 1999.
  • The OLLG initiated a number of meetings with the TBS, PCO, Intergovernmental Affairs and legal services in the Office of the Commissioner of Official Languages to discuss the follow-up action to be taken on this study, which will include possible creation of a work group involving all the federal courts.
 
  • Coordinate and arrange the Department's participation in the government's action plan responding to the recommendations of the Fontaine and Savoie reports on government restructuring and its effect on official languages programs.
  • The Group was involved in developing the new Treasury Board policy on diversification of methods of service delivery, which has been in effect since April 2002 and is a response to various studies on government restructuring.

Person responsible:

Marc Tremblay, General Counsel and Director, Official Languages Law Group

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Last Updated: 2005-12-05 Back to Top Important Notices