Recent Federal Court of Appeal Decision on Official Language Rights

The Federal Court of Appeal concludes in the violation of official language rights since  tax court judge failed to adjourn and secure interpretation services for the appellant, counsel and witnesses:

“In the end, the efforts of the Judge to be “pragmatic” in finding ways around adjourning and securing interpretation services resulted not only in the violation of the official language rights of counsel Turgeon and witnesses, but also the violation of Mr. Mazraani’s official language rights. It simply was not open to the Judge to seek a shortcut around the official language rights of all those involved in the proceedings. The Judge’s failure to exercise his duty to ensure that the official language rights at issue were protected not only resulted in their violation, but further resulted in delays that could have otherwise been avoided by an adjournment to secure proper interpretation services. Pragmatism does not trump the duty to respect the official language rights of all in the course of judicial proceedings.” (par. 26)

http://decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/230012/index.do

This content has been updated on April 24, 2017 at 11:26.