The Divorce Act Changes Explained

Official Languages

Right to a judge who speaks the same official language or both
(Section 23.2(2), Divorce Act)

New section

(c) any party to that proceeding has the right to a judge who speaks the same official language as that party or both official languages, as the case may be;

Old section

None.

What is the change

A party to any proceeding at first instance under the Act has the right to a judge who speaks the same official language or both official languages.

Reason for the change

The amendment improves access to justice. If the parties choose different official languages, the trial judge must speak both official languages and conduct a bilingual proceeding under the Act. A similar right exists under the Criminal Code, Part XVII (Language of the Accused) for preliminary inquiries and trials.

When

The change will come into force by Order in Council. In force in Manitoba, Yukon and Nunavut, as of March 1, 2021. In force in Ontario and Saskatchewan, as of February 1, 2022. In force in British Columbia, as of December 1, 2024.