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Environmental Scan: Access to Justice in Both Official Languages

Appendix 1

STATUS REPORT ON ACCESS TO JUSTICE IN BOTH OFFICIAL LANGUAGES

QUESTIONNAIRE FOR ENGLISH-SPEAKING MEMBERS: BARREAU DU QUÉBEC

Many of the sections or questions only apply to people having identified themselves as lawyers (working in private practice). If you are not part of this category, please abstain from responding to these questions.

If you are unable to answer the questions precisely, especially those with ratios (%), please give your best approximation.

PART 1: Identification of respondent
  • 1. You are :
    1. Lawyer
    2. Judge
    3. Civil servant
    4. Crown Prosecutor
    5. Translator/interpreter
    6. Other

  • 2. What is your mother tongue?
    1. English
    2. French
    3. Other

  • 3. In which language(s) do you practice law?
    1. French
    2. English
    3. French and English
    4. Other

  • 4. What law school did you study at?

  • 5. Did you study law in :
    1. French
    2. English
    3. English and French
    4. Other

  • 6. In which legal system(s) are you a qualified practitioner?
    1. Civil Law
    2. Common Law
    3. Both

  • 7. For how many years have you been practicing law? (# of years)

  • 8. For how many years have you been a member of the Bar? (# of years)

  • 9. Which law society, law societies or Bar(s) are you a member of? (Please list)

  • 10. What is your status in your firm?
    1. Partner or Associate
    2. Employee
    3. Other

  • 11. If you are in a private practice, how many lawyers are in your firm? (# of lawyers)

  • 12. Approximately how many english-speaking lawyers are there in your firm?

  • 13. In which province or territory do you normally practice?

  • 14. In which judicial district do you normally practice? (name)

  • 15. Before which courts and/or tribunals do you normally appear?
    1. Provincial court
    2. Superior court
    3. Appeal court
    4. Federal court
    5. Federal administrative tribunals
    6. Provincial administrative tribunals
    7. Other

  • 16. What are your area(s) of practice?
    1. Civil law/Private law
    2. Criminal law
    3. Family law
    4. Commercial law
    5. Mediation
    6. Other (specify)

PART 2: Characteristics of individuals requesting legal services in English
  • 17. What proportion of your clientele is English speaking?

  • 18. What proportion of the clients identified as English speaking request legal services in English?

  • 19. What proportion of the clients requesting legal services in English are women?

What is the proportion of clients requesting legal services in English who are:

  • 20. Less than 30 years old:

  • 21. Between 31 and 50:

  • 22. 50 and over:

  • 23. Don't know:

  • 24. What is the proportion of clients requesting legal services in English who have their legal residence in the province in which you normally practice law?

What is the proportion of clients requesting legal services in English who have an annual family income of:

  • 25. Less than $40 000:

  • 26. Between $40 000 and $80 000:

  • 27. $80 000 and more:

  • 28. Don't know:

What is the proportion of clients requesting legal services in English who:

  • 29. Have not finished high school?

  • 30. Have finished high school?

  • 31. What is the proportion of clients requesting legal services in English who have completed postsecondary studies?
PART 3 : Impacts of proceeding before the court in the English language?

In your opinion, do the following factors influence the decision to proceed or not before the court in English?

  • 32. Delay in services
    1. Yes
    2. No
    3. Don't know

  • 33. Additional costs
    1. Yes
    2. No
    3. Don't know

  • 34. Adverse judgement
    1. Yes
    2. No
    3. Don't know

  • 35. Possible inscription in appeal
    1. Yes
    2. No
    3. Don't know

  • 36. Others: (specify)

  • 37. Do you perceive among your clients who choose not to proceed in English a concern that doing otherwise may negatively impact their case?
    1. Yes
    2. No
    3. Don't know

  • 38. If you answered yes to the previous question, what are the perceived negative consequences?
PART 4: Obstacles (criminal law - section 530 of the Criminal Code)

(Answer the following questions only if you practice in the field of criminal law)

Section 530 of the Criminal Code of Canada provides that an accused has the right to be tried before a judge or judge and jury who speak the official language that is the language of the accused or who speak both official languages of Canada, provided the accused makes application within the prescribed times (See 1977-78, c. 36. s.1; R.S.C. 1985, c. 27 (1st Supp.), s. 94, 203 ).

Section 530.1 of the Criminal Code of Canada specifies the rights and obligations relating to the choice made by the accused (See R.S.C. 1985, c. 31 (4th Supp.), s. 94).

  • 39. Were you familiar with this section of the Criminal Code?
    1. Yes
    2. No
    3. Not Sure

  • 40. Do you know at what stage in the process there is a possibility of making decisions on language?
    1. Yes
    2. No
    3. Not Sure

  • 41. Do you advise your clients of these choices each time the opportunity of linguistic choices arises?
    1. Yes
    2. No
    3. Not Sure

  • 42. To the best of your knowledge, do judges advise accused persons, who are not represented by council, of their linguistic options each time the opportunity arises?
    1. Yes
    2. No
    3. Not Sure

  • 43. Are the relevant forms available in English?
    1. Yes
    2. No
    3. Don't know

  • 44. Is there, in your province, a policy on the active offer of services in both official languages?
    1. Yes
    2. No
    3. Don't know

  • 45. If you have answered yes to the preceeding question, please specify the primary components for the implementation of this policy.

In the judicial district in which you normally practice:

  • 46. Is it easy to obtain services in English from judges?
    1. Yes
    2. No
    3. Don't know

  • 47. Is it easy to obtain services in English from officers of the provincial court?
    1. Yes
    2. No
    3. Don't know

  • 48. Is it easy to obtain services in English from officers of the superior court?
    1. Yes
    2. No
    3. Don't know

  • 49. Is it easy to obtain services in English on the part of administrative officials at the Court House?
    1. Yes
    2. No
    3. Don't know

  • 50. Is it easy to obtain services in English from the federal prosecutors or the legal agents of the Attorney General of Canada?
    1. Yes
    2. No
    3. Don't know

  • 51. Is it easy to obtain services in English on the part of provincial prosecutors or their substitutes?
    1. Yes
    2. No
    3. Don't know

  • 52. Is it easy to have access to interpreters?
    1. Yes
    2. No
    3. Don't know

  • 53. Is it easy to have access to legal proceedings in English?
    1. Yes
    2. No
    3. Don't know

  • 54. Is it easy to constitute a jury whose members are capable of hearing a case in English?
    1. Yes
    2. No
    3. Don't know

  • 55. Is it easy to have access to the legislation in English?
    1. Yes
    2. No
    3. Don't know

  • 56. Is it easy to have access to court rulings, case law etc... in English?
    1. Yes
    2. No
    3. Don't know

  • 57. Is it easy to have access to jurisprudence, i.e. legal sources in English?
    1. Yes
    2. No
    3. Don't know

  • 58. Are there other services available in English? Specify:

  • 59. Generally speaking, as for the accessibility of judicial services in English in the field of criminal law, you are:
    1. Satisfied:
    2. Dissatisfied:
PART 5: Obstacles (bankruptcy law)

(Only answer this part if you practice in bankruptcy law)

In the judicial district in which you normally practice:

  • 60. Is it easy to obtain services in English from judges?
    1. Yes
    2. No
    3. Don't know

  • 61. Is it easy to obtain services in English from officers of the superior court?
    1. Yes
    2. No
    3. Don't know

  • 62. Is it easy to obtain services in English on the part of Administrative officials at the Court House?
    1. Yes
    2. No
    3. Don't know

  • 63. Is it easy to have access to interpreters?
    1. Yes
    2. No
    3. Don't know

  • 64. Is it easy to have access to legal proceedings in English?
    1. Yes
    2. No
    3. Don't know

  • 65. Is it easy to have access to court rulings, case law etc. in English?
    1. Yes
    2. No
    3. Don't know

  • 66. Is it easy to have access to jurisprudence, i.e. legal sources in English?
    1. Yes
    2. No
    3. Don't know

  • 67. Are there other services available in English? Specify:

  • 68. Generally speaking, as for the accessibility of judicial services in English in the field of bankruptcy law, you are:
    1. Satisfied:
    2. Dissatisfied:

PART 6: Obstacles (Divorce law or alimony)

(Only answer the questions if you practice Family Law related to Divorce or Alimony)

In the judicial district in which you normally practice:

  • 69. Is it easy to obtain services in English from judges?
    1. Yes
    2. No
    3. Don't know

  • 70. Is it easy to obtain services in English from officers of the provincial court?
    1. Yes
    2. No
    3. Don't know

  • 71. Is it easy to obtain services in English from officers of the superior court?
    1. Yes
    2. No
    3. Don't know

  • 72. Is it easy to obtain services in English from the administrative officials at the Court House?
    1. Yes
    2. No
    3. Don't know

  • 73. Is it easy to have access to interpreters?
    1. Yes
    2. No
    3. Don't know

  • 74. Is it easy to have access to legal proceedings in English?
    1. Yes
    2. No
    3. Don't know

  • 75. Is it easy to have access to the legislation in English?
    1. Yes
    2. No
    3. Don't know

  • 76. Is it easy to have access to jurisprudence, i.e. legal sources in English?
    1. Yes
    2. No
    3. Don't know

  • 77. Is it easy to have access to court rulings, case law etc., in English?
    1. Yes
    2. No
    3. Don't know

  • 78. Are there other services available in English? Specify:

  • 79. Generally speaking, as for the accessibility of judicial services in English in the field of divorce law and alimony, you are:
    1. Satisfied:
    2. Dissatisfied:

PART 7: The judicial system in your province
  • 80. Are there reforms or initiatives being implemented currently that might have an impact (positive or negative) on the provision of legal services in both official languages (e.g. unified courts, electronic document filing, video taped appearances in court, single window concept) in your province?
    1. Yes
    2. No
    3. Don't know

  • 81. If you have answered yes to the preceding question, please identify these reforms or initiatives.

PART 8: Suggestions and improvements
  • 82. According to you, what activities or initiatives could the federal government undertake to improve access to justice in the English language in Québec?

WE SINCERELY THANK YOUR FOR YOUR MUCH APPRECIATED COLLABORATION

Date Modified: 2013-01-31

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