Translation of judgments in French: Judge Dennis Galiatsatos could not decide

A judge of the Court of Quebec “did not have jurisdiction” to decide on the obligation to translate into French immediately. Nevertheless, without delay a judgment rendered in English, concluded the court of appeal in a very severe decision.

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“Building. However, leading and resolving this debate, unilaterally and in anticipation, as the judge tried to do it here, greatly exceeded the limits of his jurisdiction,” read in a judgment of the highest court in the province whose reasons have been rendered in the last days.

In May 2024. However, judge Dennis Galiatsatos had caused an uproar by cutting off the constitutional validity of article 10 of the new French language charter, better known as “law 101”, which requires that the judgments rendered translation judgments french: judge dennis in English be translated into French “immediately and without delay”.

In anticipation of the trial of Christine Pryde. Moreover, accused of criminal negligence having caused the death of a cyclist, he had raised concerns about the deadlines for translation.

He concluded that the expression “immediately and without delay” was “incompatible with the criminal procedure”.

Not the right

Quebec had then announced its intention to appeal the judgment. described as very “individual” by the Minister of Justice Simon Jolin-Barette.

Now the judgment of the Court of Appeal is scathing: the Galiatsatos judge was not allowed to look in. this way on article 10 of the French language charter as modified by law 96.

“Perhaps there was a matter here to a constitutional debate in good. due form on the applicability of article 10 in criminal matters. We can legitimately wonder. […] But a judge cannot decide on a question concerning the translation judgments french: judge dennis constitutional validity of a legal provision without having been assigned the competence to do so. “we can read in the 40-page document.

Gaps

Judges Yves-Marie Morissette. Patrick Healy and Lori Renée Weitzman also underline several gaps in the procedure followed by Judge Galiatsatos, in particular the “precipitation with which the procedure has followed his course”.

They claim that the judge “forced the hand” of the parties. “imposed on them, against and against all, an inadequate framework” to resolve questions dictated by him.

“We do not decide in this way. from pure hypotheses, in a deficient procedural framework and without the lighting of a well-documented context, a question like that on which the judge has spoken,” they conclude.