Translation of judgments: Judge Galiatsatos has “exceeded” his skills

It is a particularly severe judgment that the Court of Appeal has just rendered the place of judge Dennis Galiatsatos. Meanwhile, According to her. Meanwhile, the magistrate of the Court of Quebec went far too far by wanting to rule alone on the constitutional validity of an article in the Charter of the French language which obliges the simultaneous translation of judgments rendered in English.

Start. Similarly, lead and resolve this debate unilaterally and in anticipation as the judge tried to do it here far exceeds the limits of his competencecan we read in the 35-page decision unveiled on Friday, first pronounced orally in June.

In May 2024. Furthermore, judge Galiatsatos had hit the headlines after having decided on his own to declare inoperative in the criminal article 10 of the French language charter, translation judgments: judge galiatsatos “exceeded” commonly known as loi 101.

The magistrate then prepared to chair the trial of Christine Pryde. Nevertheless, accused of criminal negligence having caused the death of a cyclist in 2021. Consequently, The accused had chosen a trial in English, as allowed by the Canadian Constitution.

At the time, article translation judgments: judge galiatsatos “exceeded” 10 was about to come into force. It came from the new law on the official. common language of Quebec, the French, adopted in 2022 by the Legault government.

This law has come to modify the Charter by adding in particular article 10. which now provides that a judgment written in English is translated immediately and without delay in French when it ends an instance or is of interest to the public.

By judging this provision “ineffective” in criminal law. judge Galiatsatos had invoked several weeks of translation of translation of several weeks, or even several months, which could have given arguments to Christine Pryde to obtain a stop of the procedures under the Jordan judgment. He added that criminal law is of federal jurisdiction.

The Attorney General of Quebec immediately brought this decision on appeal. His suspended request had been rejected, but translation judgments: judge galiatsatos “exceeded” the case was still to be decided on the merits.

Translation judgments: judge galiatsatos "exceeded" – Translation judgments: judge galiatsatos "exceeded"

Force one’s hand

It’s now done. For the Court of Appeal. A judge cannot decide on a question concerning the constitutional validity of a legal provision without having been assigned competence to do soassert the judges Yves-Marie Morissette, Patrick Healy and Lori Renée Weitzman.

Galiatsatos judge has also forced the hand parties imposing them Towards. against everything This issue they did not want, they write. Christine Pryde had clearly indicated that she did not want this constitutional debate when her trial approached. nor be the director of criminal and criminal proceedings (DPCP).

The procedure followed here left too much to be desired. We do not decide in this way. based on pure hypotheses, in a deficient procedural framework translation judgments: judge galiatsatos “exceeded” and without the lighting of a well -documented context, a question like that on which the judge has spokenbelieves the court of appeal.

The judges found worrying also insistence With which Judge Galiatsatos seemed to want to. quickly settle the constitutional validity of article 10. On twice. he filed extensively, accompanied by notes from the bottom of page generouswhen an audience had just taken place or had just received the written argument from representatives of the State. What is the point of having the right to be heard in Quebec’s court if the games are already made? they wonder.

Note that the court did not rule on the constitutionality of article 10 of the charter in criminal matters. Perhaps there was a matter here to a constitutional debate in good and due form […] We can legitimately wonder.

The decision rendered and the reasons invoked by the Court of Appeal send a clear message. This is a victoryreacted on Wednesday the cabinet of the Minister of Justice. Simon Jolin-Barrette, being careful not to formulate other comments since his reform of law 101 is challenged before the courts.

With the collaboration of Jérôme Labbé