Review on Official Languages (2020-2021)

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Part VII of the Official Languages Act

Tombstone Data

Prepared by: Official Languages Directorate (Public Law and Legislative Services Sector)

Institution’s Name: Department of Justice Canada

Institution’s Code: JUS

Minister responsible: Hon. David Lametti, P.C., Q.C., M.P., Minister of Justice and Attorney General of Canada

Deputy Head: Me Nathalie G. Drouin, Ad.E., Deputy Minister of Justice and Deputy Attorney General of Canada

Person responsible for official languages (Parts IV, V and VI of the Official Languages Act (OLA)): Nadine Léveillée, A/Director, Corporate HR Planning, Programs and Systems Division

National coordinator or contact person responsible for the implementation of section 41 (Part VII) of the OLA: Me Sacha Baharmand, Deputy Director and Senior Counsel, Official Languages Directorate

Regional contact person(s) for section 41 of the OLA (if applicable):

Part VII of the Act

Enhancing the vitality and development of official language minority communities and the advancement of English and French in Canadian society

All federal institutions should answer all of the questions. Information collected through this process is used by Canadian Heritage to prepare the Annual Report on Official Languages, the Best Practices Digests for part VII and various other tools to support federal institutions with the implementation of part VII of the Official Languages Act.

Ongoing Dialogue

1. How does your institution ensure that it is aware of the priorities and needs of French-speaking communities outside Quebec and English-speaking communities within Quebec? Please specify the methods used, list the organizations/communities with whom you were in contact, as well as how you took the priorities and needs of these communities into account when planning your activities.

Departmental Network of Coordinators Responsible for the Implementation of Section 41

In order to keep abreast of the priorities of official-language minority communities (OLMCs), Justice Canada, through the Official Languages Directorate (OLAD), provides for certain consultative and engagement mechanisms. For example, OLAD coordinates the activities of the Departmental Network of Coordinators for the Implementation of Section 41 of the OLA (Network 41). Network 41 liaises with OLMC organizations across Canada and contributes to the implementation of section 41 of the OLA. Through their work, the members of Network 41 are connected to OLMCs and can speak to their priorities.

Network 41 coordinators made themselves available to OLMC members to answer their specific questions or inform them about the services provided by Justice Canada in the course of different activities.

Examples of communities and organizations with whom Network 41 Coordinators were in contact are:

Advisory Committee on Access to Justice in Both Official Languages

The Advisory Committee on Access to Justice in Both Official Languages (Advisory Committee), whose mandate is to maintain ties between the Department and OLMC advocacy organizations and their legal representatives, is another mechanism that keeps Justice Canada informed of OLMC priorities.

The Advisory Committee has made it possible to assemble and be in communication with representatives of the federal government and the following organizations and institutions:

Justice Canada has taken into account the priorities of OLMCs by consulting their various representatives through members of the Advisory Committee (the annual meeting of the Committee was held virtually in October 2020) and by contributing financially to their projects.

Apart from the abovementioned initiatives, Justice Canada’s Programs Branch maintains close relations with OLMCs by means of project agreements funded by the Access to Justice in Both Official Languages Support Fund (Support Fund).

Tangible Results

2. Please highlight the positive measures taken by your institution that enhanced the vitality and development of official language minority communities (OLMC). Please ensure to include activities taking place in the regions, where applicable. To include in your response: a description of the initiatives, the impacts, the results and the success factors.

Justice Canada has granted funding to several projects of OLMC organizations through various funds. Below are sources of funding from the Department of Justice that have contributed to the vitality and development of OLMCs, and the initiatives associated with this funding.

In all of its funding applications, the Department of Justice asks applicants to describe how their project takes into consideration the needs of French-speaking communities outside of Quebec or the English-speaking community of Quebec, if applicable.

Under the Youth Justice Services Funding Program (YJSFP), there is an expectation set out in the funding agreements that federal contributions provided to the provinces and territories should be spent on the development and operation of youth justice services and programs in an inclusive and non-discriminatory manner that responds, in particular, to the needs of Indigenous young persons as well as young persons from French and English linguistic minority communities.

Justice Canada also supports the operation of Public Legal Education and Information (PLEI) organizations in each province. As part of this funding, PLEI organizations are required to respect the spirit and intent of the Official Languages Act when providing services to the public.

The Department of Justice has also funded various projects that have enhanced the vitality and development of OLMCs. Below you will find some funding examples and information, as well as associated initiatives.

The Support Fund supports projects designed to improve access to justice in both official languages, notably by creating legal and linguistic tools, by offering workshops and training to jurists and other bilingual justice system stakeholders, by developing teaching material, and by providing legal information to the public.

LE RÉSEAU DES CHERCHEURES AFRICAINES : J’apprends à augmenter mon savoir-faire juridique afin d’avoir accès à la justice (RECAF)

Description: This project consisted of offering legal information workshops to under-represented members of an official language minority community, in order to develop their knowledge about legal matters and increase their access to justice. These workshops were led by subject matter experts who conveyed complex information in an accessible manner, to the benefit of the project’s participants.

Impact: This project equipped racialized members of an official language minority community to support their respective approaches to access to justice.

Results: Through eight interactive learning exercises, (five Learning Circles and three focus groups addressing family law, labour law and criminal law), this project involved approximately 300 learners.

Success factors: The contribution of the legal experts consulted to develop the learning exercises offered during this project, the relevance of the topics that were addressed, and the ability of the organisation to reach learners from the target community, were are all factors that contributed to the success of this project.

ÉDUCALOI: Access to Justice for English-Speaking Quebecers

Description: This project provided support to Éducaloi to undertake activities to improve services to English-speaking Quebecers (including vulnerable and hard-to-reach clienteles). This included building the capacity of other organizations to offer services in English, aligning Éducaloi’s work with that of partner organizations to have a greater impact, and conducting an evaluation of existing products and services.

Impact: The activities undertaken by Éducaloi have made it possible to meet important needs in terms of access to justice for English-speaking Quebecers, particularly isolated seniors, newcomers, and racialized youth.

Results: In addition to the information services regularly offered by Éducaloi, including a website visited more than 900,000 times in 2020-2021 with 1,500 freely available information items, the key results of this programming included : the delivery of a dozen legal information workshops to over 200 seniors, the publication and distribution of 12,000 copies of guides for seniors and information kits for newcomers, the production of three videos offering communication strategies to lawyers that were viewed by more than 2,500 times by lawyers via the Linkedin platform, and the facilitation of a workshop offered to some thirty community groups on various legal responsibilities.

Success factors: The quality and relevance of the legal information provided, as well as the ability to reach the communities targeted by these activities, were the two elements that contributed the most to the success of this programming.

AUBERGE FRANCOPHONE D’ACCUEIL ET DES SERVICES AUX IMMIGRANTS: Access to Justice for Linguistic Minorities in Toronto

Description: The project consisted of offering legal information workshops to underserved Francophone clienteles from ethno-cultural communities to facilitate their access to justice. The project increased participants’ awareness concerning their rights and issues related to justice in both official languages.

Impact : This project increased the knowledge of racialized members of an official language minority community about their legal rights and obligations.

Results: This project included the facilitation of 12 virtual workshops during which legal information on four topics was shared with 312 learners: rights and responsibilities of landlords and tenants, rights and responsibilities in the workplace, harassment and discrimination, and consumer rights and responsibilities.

Success factors: The quality and relevance of the information offered during these workshops and the ability to ensure the attendance and participation of the learners were the two factors that most contributed to this project’s success.

The Victims Fund provides grants and contributions to support projects and activities that encourage the development of new approaches, promote access to justice, improve the capacity of service providers, foster the establishment of referral networks, and/or increase awareness of services available to victims of crime and their families.

THE CANADIAN CENTRE FOR ELDER LAW: A Practical Guide to Elder Abuse and Neglect Law in Canada

Description: This project enabled the Canadian Centre for Elder Law (at the University of British Columbia) to update, enhance and promote their popular resource entitled “A Practical Guide to Elder Abuse and Neglect Law in Canada” and to develop additional educational resources.

Impact: Stakeholders will better understand and apply federal, provincial and territorial laws related to elder abuse and neglect.

Results: The Canadian Centre for Elder Law will publish the guide online and distribute it through its key allies and its social media network, which has over 400 newsletter subscribers and over 1,500 Twitter followers.

Success factors: Over the years, the Canadian Centre for Elder Law has collaborated with several key allied organizations that now consider the Centre as the national leader in the development of tools to counter elder abuse.

L’ESCALE MADAVIC: Intervention Program

Description: In collaboration with more than 28 public, private and community service providers, l’Escale MadaVic implemented an intervention program aimed at improving access to community intervention services for women and girls victims of sexual violence in Northwestern New Brunswick.

Impact: This program helped guide service providers to the necessary support and resources offering specialized interventions, in order to meet the specific needs of sexual assault victims. The program also sought to implement awareness and education strategies in order to demystify and reduce stereotypes related to sexual violence.

Results: L’Escale MadaVic sought to serve between 2,450-2,550 people in total over the course of the project. L’Escale MadaVic serves remote areas of New Brunswick.

Success factors: L’Escale MadaVic is still growing because of the involvement of their funders, the regional resources and/or services, and the support shown by the community. Through this project, the new service was able to work closely with the shelter in order to meet the growing needs of sexual assault victims. This partnership enabled improvements to the shelter’s website, where the project’s results will be published.

3. Please highlight the positive measures taken by your institution that contributed to fostering the full recognition and use of both English and French in Canadian society. Please include activities taking place in the regions, if applicable. To include in your response: a description of the initiatives, the impacts, the success factors and the results.

Four projects funded by Justice Canada contributed to developing language skills in both English and French for justice system professionals, thereby fostering the full recognition and use of both official languages across Canada:

CENTRE CANADIEN DE FRANÇAIS JURIDIQUE: Canada-wide training project for various provincial and territorial stakeholders working in the justice system

Description: The project consisted of two online courses and one in-person training on legal vocabulary related to the Divorce Act, Custody and Access, and Child Support. The training targeted employees from English-speaking provinces and the three territories (Legal Aid lawyers, court staff, court interpreters, lawyers, mediators, clerks, etc.) as well as other private stakeholders in the field of Family Law.

Impact: This project contributed to increasing the capacity of the justice system and its stakeholders to provide services in both official languages.

Result: During fiscal year 2020-2021, this project delivered 27 webinars on criminal law and legal French to 350 learners. This project also included the production of 30 videos of approximately 30 minutes each, as well as three new lexicons and other educational resources.

Success factors: The quality and relevance of the information offered during these workshops and the ability to ensure the presence and participation of the learners were the two factors that contributed the most to the success of this project.

CENTRE DE TRADUCTION ET DE TERMINOLOGIE JURIDIQUES DE MONCTON (CTTJ): Translation of important unilingual judgments into the other official language

Description: The project involved the translation and publication judgments into the other official language. The CTTJ also engaged with provincial and territorial partners to update the list of court decisions recommended for translation into the other official language. The project sought to increase the number of judgments available in both official languages in Canadian provinces and territories, primarily, but not exclusively, in the areas of criminal law and family law.

Impact: The main impact of the project was to increase the number of court decisions available in both official languages in the provinces and territories, primarily in criminal and family law, two areas of the law that directly affect the lives of litigants and which partly fall under federal jurisdiction (criminal law and divorce). By increasing the number of court decisions available in both official languages, the capacity of the justice system to provide services to official language minority communities was enhanced.

Result: In fiscal year 2020-2021, 57 decisions, representing nearly 500,000 words, were selected, prepared, translated, and revised.

Success factors: The organization’s expertise in translation and terminology, not to mention its many years of experience translating the decisions of the New Brunswick Court of Appeal and important decisions of the Court of Queen’s Bench, contributed to the success of the project.

MINISTRY OF THE ATTORNEY GENERAL ONTARIO - OFFICE OF THE COORDINATOR OF FRENCH LANGUAGE SERVICES: French Language Institute for Professional Development (FLIPD) - training intended for professionals working in the justice system

Description: The project supported the renewal of the FLIPD. The FLIPD provides an annual one-week intensive training course on French-language legal terminology to justice professionals. Participants include Crown attorneys, court support staff, Legal Aid duty counsels, and police officers, as well as some social services agency staff dealing with victims issues.

Impact: By providing language training to stakeholders in the justice system, this project helped to increase the availability of justice-related services in both official languages in Canada.

Results: This project supported French-language professional development for 105 provincial justice system stakeholders.

Success factors: The quality and relevance of the training provided and the ability to ensure the presence and participation of learners were the two factors that contributed most to the success of this project.

CONSEIL DE LA MAGISTRATURE DU QUÉBEC: Programme de perfectionnement en langue anglaise pour les juges de nomination provinciale

Description: The project consisted of English-language legal terminology training for judges, justices of the peace, and municipal judges who deal with criminal matters and who have an intermediate knowledge of English. The project contributed towards improving the quality of justice services provided to the English-speaking community of Québec specifically, and towards access to justice more broadly.

Impact: By providing language training to judges, this project has helped to increase the availability of justice-related services in both official languages.

Results: This project consisted of English language legal terminology training for provincially-appointed Quebec judges.

Success factors: The quality and relevance of the training offered and the ability to ensure the presence and participation of the learners were the two factors that contributed the most to the success of this project.

Key Collaborations contributing to results

4. Did your institution collaborate with other federal institutions or partners (sectoral working groups, municipalities, provinces/territories, post-secondary institutions, the private sector) on a program, project or other initiative to enhance the vitality and development of official language minority communities and/or the advancement of English and French in Canadian society? To include in your response: a description of these collaborations and partnerships, the results achieved as well as the success factors.

Justice Canada has collaborated with federal institutions or partners through the following initiatives:

Federal-Provincial-Territorial Working Group on Access to Justice in Both Official Languages

The Federal-Provincial-Territorial Working Group on Access to Justice in Both Official Languages (FPT Working Group) is one of the advisory mechanisms provided for the implementation of section 41 of the OLA. It is co-chaired by the Department of Justice Canada and by a provincial/territorial representative. The role of the FPT Working Group is to consider issues surrounding access to justice in both official languages and to discuss best practices. The FPT Working Group also plays an important role in implementing solutions designed to improve access to justice in various areas.

In 2020-2021, the following entities participated in the annual meeting of the FPT Working Group:

Results: The December 2020 meeting of the FPT Group was, among other things, an opportunity to share best practices regarding diversity and inclusion in the legal profession in both official languages. This allowed working group members to expand their awareness of their own biases when assisting official language minority communities (OLMCs).

Success factors: Interesting presentations on topics highly relevant to OLMCs, such as unconscious bias, and thorough event planning contributed to the success of this event.

Advisory Committee on Access to Justice in Both Official Languages

Consultative activities through the Advisory Committee are described in Question 1.

Results: Through the annual meeting of the Advisory Committee, participants from across Canada learned about initiatives by and for OLMCs.

Success factors: Interesting presentations on topics highly relevant to OLMCs and thorough event planning contributed to the success of this event.

COVID-19

The COVID-19 pandemic is a situation resulting in extensive government measures implemented to support Canadians, including Official language minority communities (OLMC).

5. Did your institution take part in COVID-19 response measures? If so, how did you consider the needs of OLMC and the advancement of English and French in the application of these measures? Please describe your activities as well as the results.

Discussions with stakeholders to identify impacts that COVID-19 may have on project activities were initiated in April 2020 and continued throughout the year.

In May 2020, the Official Languages Directorate sent an email to OLMC organizations in order to better understand the challenges they faced as a result of the pandemic. This email had the goal of encouraging an open dialogue between the Department and these organizations on questions such as the need to change project budgets or to modify planned activities. This email was a joint initiative of both the Official Languages Directorate and the Programs Branch of the Department of Justice Canada.

Results: Some stakeholders indicated that some in-person training activities were impacted by COVID-19. Alternative options were explored and where no alternatives could be identified, budgets were adjusted and surplus funding, to the extent possible, was reallocated to other stakeholders/projects, including by way of amendment of existing agreements.