Review on Official Languages 2023-2024: Part VII

PDF Version

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. Arif Virani, Minister of Justice and Attorney General of Canada

Deputy Head: Shalene Curtis-Micallef, Deputy Minister of Justice and Deputy Attorney General of Canada

National coordinator or contact person responsible for the implementation of section 41 (Part VII) of the OLA: Karina Desmarais Yelle, Deputy Director and Senior Counsel, Official Languages Directorate (OLAD)

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

Part VII of the Official Languages Act (OLA)Endnote i

Advancement of Equality of Status and Use of English and French

111. The institution ensured that positive measures were taken for the advancement of equality of status and use of English and French: Nearly always (Between 90% and 99% of cases).

Check all that apply and provide details for each: (Questions 111-115)

Support sectors that are essential to enhancing the vitality of official languages minority communities (check all that apply and provide details for each) (Questions 116-123):

Here are two examples, among others, of positive measures taken by Justice Canada in 2023-2024: 1) the Access to Justice in Both Official Languages Support Fund and 2) the Canadian Family Justice Fund (CFJF).

Access to Justice in Both Official Languages Support Fund: The Support Fund is designed to provide resources to facilitate access to justice in both official languages through various means, such as the creation of legal and linguistic tools, workshops and training to bilingual lawyers and stakeholders of the justice system, the development of related training material and the provision of public legal education and information. The activities and projects undertaken pursuant to the Support Fund are aligned with the Government’s commitment to advancing the equality of status and use of English and French.

In 2023-2024, the Access to Justice in Both Official Languages Support Fund (Support Fund) implemented positive measures for the advancement of equality of status and use of English and French by supporting 73 projects which have increased the supply of legal information and socio-legal support services for OLMCs. Funding these projects also made it possible to strengthen the bilingual capacity of the justice system through language training, professional development, and the promotion of the language of law.

Canadian Family Justice Fund (CFJF): The overall objective of the Canadian Family Justice Fund is to facilitate access to the family justice system for families experiencing separation and divorce.

In 2023-2024, the Canadian Family Justice Fund ensured that positive measures were taken to advance the equality of status and use of English and French through several initiatives. Here are some key actions:

Additionally, language translation tools and multilingual support systems facilitate communication with OLMCs, reinforcing Justice Canada’s commitment to linguistic diversity and inclusivity.

112. Access to Justice in Both Official Languages Support Fund: Without being limited to these, the Support Fund allocates funding to language training, professional and advanced training projects (in the second language and in the language of the OLMC). These training courses allow justice system professionals to develop a better ability to work in both official languages, which promotes and supports the learning of both official languages. Here are few examples of these projects:

113. Access to Justice in Both Official Languages Support Fund: Funding initiatives such as the Support Fund promote the acceptance and appreciation of both English and French within the legal community by supporting activities that promote bilingualism and ensure equal access to legal services in both official languages.

Canadian Family Justice Fund: Through funding programs and projects aimed at enhancing language equality, the CFJF contributes to creating a legal system where individuals involved in family law matters can access information, documentation, and services in their preferred language, whether it be English or French. By emphasizing the importance of linguistic diversity and facilitating communication in both languages, the fund helps cultivate an environment where English and French are equally valued and respected within the Canadian family justice system.

114. No current initiative aims at promoting the bilingual character of Canada outside the country.

However, Justice Canada participates annually in the Rendez-vous de la Francophonie, as part of the celebrations of the International Day of the Francophonie. In 2023-2024, the Official Languages Directorate (OLAD) and the official languages champion of Justice Canada organized a Kahoot quiz on the Canadian and international Francophonie in a hybrid format to encourage the participation of people across the country. This type of unifying event helps promote the bilingual character of Canada at home.

The OLAD and the departmental official languages champion also organizes an annual event for the Official Languages Day. In addition, the Department promotes bilingualism through its programs (e.g. the Support Fund for Access to Justice in Both Official Languages) and its consultation mechanisms (see question # 39).

The Department of Justice also promotes the use of both official languages in Canada by co-drafting* (and not translating) laws and regulations in English and in French. This way, the Department ensures that the differences and characteristics of each language are reflected in the law to facilitate legal interpretation and common understanding among the public.

*The technique of co-drafting involves drafting the two versions of a bill together using a team of two drafters. One is responsible for the English version, while the other is responsible for the French.

115. Access to Justice in Both Official Languages Support Fund: A portion of the new investments from the Support Fund (2023-2028) aims to stimulate evidence gathering and promote equity, diversity and inclusion in a more systematic way. Thus, some projects supported by the support Fund are research projects (4 new projects in 2023-2024). Their goal is to develop knowledge on issues of access to justice in both official languages and to produce evidence-based data relating to these issues.

Analysis of the legal needs of French-speaking newcomers in Ontario and delivery of 10 workshops to meet their needs.

Description: In 2023-2024, the Support Fund allocated funding to a study conducted by the Centre Francophone du Grand Toronto on the legal needs of French-speaking newcomers in the Greater Toronto Area, to fill the lack of legal aid services in French for French-speaking newcomers. This project responds to a pressing need for French-speaking newcomers in the Greater Toronto Area.

Impacts: This study (in progress) will provide a better understanding of the obstacles faced by Francophones in the Toronto region. In addition, this project has the potential to offer solutions to the obstacles identified.

Results:

Success factors: This project supports the general well-being of French-speaking newcomers and meets their diverse needs.

116. Since language is an essential component of culture, its expression and vitality, all departmental initiatives aimed at enhancing the vitality of OLMCs contribute to promoting Canada’s cultural diversity.

Access to Justice in Both Official Languages Support Fund: Part of the new investments of the Support Fund (2023-2028) is intended to support socio-legal support projects (SLS). SLS consists of the recognition that different categories of people (e.g., immigrant populations and/or populations of various cultural origins) may need to receive legal information that is specifically tailored to their situation. To assert their rights and navigate the justice system, these individuals must be able to benefit from support that goes beyond the factual transmission of information about rights and obligations.

Legal information projects funded by the Support Fund in 2023-2024, such as the Association des juristes d’expression française du Manitoba (AJEFM)’s project, help facilitate the integration of newcomers, alleviate the culture shock when settling in and support them in resolving legal issues. Funding these projects contributes to the justice and cultural sectors, which are essential to the vitality of OLMCs.

Justice Partnership and Innovation Program (JPIP): The Justice Partnership and Innovation Program provides contribution funding for projects that support a fair, relevant and accessible Canadian justice system. JPIP supports activities that respond effectively to the changing conditions affecting Canadian justice policy. Priorities include access to justice, family violence, and emerging justice issues. Here is another an example of a project by the Association des juristes d’expression française de l’Ontario (AJEFO), funded by the Justice Partnership and Innovation Program, on legal tools and cultural awareness:

Description: Provide legal education and information to the public and improve access to justice in French for racialized people in Ontario. The project aims to better equip community stakeholders and justice professionals working with racialized communities.

Impacts: The project meets the needs of OLMCs outside Quebec by offering services in a legal environment that is welcoming and open to all French-speaking litigants without causing additional costs or delays for the justice system.

117. Justice Partnership and Innovation Program: Through JPIP, Justice Canada provides financial support to Public Legal Information and Education (PLEI) organizations in every province. As part of this support, PLEI must respect the spirit and intent of the OLA when dealing with the public.

Here is a concrete example of a project by the University of Ottawa, funded by JPIP, which supports the vitality of OLMCs in the post-secondary sector.

The visual laboratory on aboriginal legal systems in the Certificate in Aboriginal Law Program

Description: Creation of a visual laboratory on Indigenous Law. The goal of this project is to present the justice systems and Indigenous rights through knowledge-based audiovisual content to increase knowledge, awareness and understanding of Indigenous legal traditions and recognitions while encouraging dialogue between stakeholders of the justice system.

Impacts: The Laboratory project aims to create a series of French-language educational content that will be accessible to Indigenous learners registered for the certificate and to all Canadians. They can be used by French-speaking minority institutions, such as colleges, universities, community organizations or Indigenous communities in which French is a language of use. One of the mandates of the University of Ottawa is to promote the development of bilingualism and biculturalism and preserve and develop French culture in Ontario.

This project also answers questions #114 and #116.

118. Does not apply.

119. All the activities described in the 2023-2024 Review are intended to support the justice sector, as a sector that is essential to the development of OLMCs.

Access to Justice in Both Official Languages Support Fund: In 2023-2024, 73 projects (including 21 new projects) aimed at supporting and facilitating access to justice for OLMCs were funded by the Support Fund. Examples of new projects include:

In addition, 11 organizations received funding for the first time:

In 2023-2024, 82% of projects funded by the Support Fund served French-speaking minority communities, while 18% of projects supported English-speaking communities in Quebec.

Justice Partnership and Innovation Program: Here are examples of projects funded by JPIP, which also contributed to enhancing the vitality of OLMCs in the Justice sector:

Desta Black Youth Network: A Social Justice Approach to Reintegration

Description: Expending their existing "Re-Entry’’ Program supporting the reintegration of incarcerated English-speaking Black individuals in the community by adding a legal component to assist individuals with their legal needs related to reintegration.

Impacts: Desta Black Youth Network provides support to incarcerated English-speaking Black Individuals in Québec. The language barrier creates additional challenges while navigating the justice system. Desta Black Youth Network provides legal support, information, and resources in English, with translation support for interpretation.

Beauséjour Family Crisis and Resource Center: Improving access and navigation of New Brunswick’s family system

Description: Developing and implementing a family court support worker pilot program for victims of intimate partner violence across Southeast New Brunswick.

Impacts: This project targets rural residents from OLMCs who are victims of intimate partner violence that are involved or have had experience in the family justice process. Project leaders ensure that the programming meets the unique needs of rural francophone victims. All written materials are in both official languages. Additionally, they are creating materials that respect the local dialect.

Victims Fund: The Victims Fund provides funding 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 Victims Fund is a program specifically designed to give victims a more effective voice in the criminal justice system, including in both official languages of Canada.

Among the projects supported by the Victims Fund are projects focused on the sharing of legal information in plain language and the delivery of victim services in several languages, including English and French. These projects help members of OLMCs access services in their first language.

As an example, the Victims Fund finances a project from l’Action Ontarienne contre la violence faite aux femmes, an organization « by and for » the community. This funding allows the organization to provide independent legal advice and representation to Franco-Ontarian victims and survivors of sexual assault and intimate partner violence.

120. See question #122.

Access to Justice in Both Official Languages Support Fund: The Support Fund contributes to the employment sector by allocating core funding to OLMC organizations. Core funding allows these organizations to hire additional human resources as part of one-off projects and/or maintain positions essential to their proper functioning and development.

Several organizations use part of this funding to support the salaries of their members and/or to cover professional fees. With this funding, recipient organizations such as Kortojura, located in the small community of Caraquet (New Brunswick), can better serve the Francophone legal community.

121. Access to Justice in Both Official Languages Support Fund: The Support Fund allocates funding to projects that focus on the sharing of legal information in plain language. The Support Fund finances, among others, the legal information workshops of Franco-Justice and the Réseau des chercheures africaines, two non-profit organizations dedicated to Francophone newcomers in Manitoba and Ontario. These projects help members of OLMCs with an immigrant background to better understand their rights as a linguistic minority.

These projects also answer question #116.

122. Access to Justice in Both Official Languages Support Fund: In 2023-2024, the Support Fund offered core funding to non-profit organizations from OLMCs. Core funding helps support the vitality of official language minority communities (OLMCs) by offering stable support to eligible organizations working in the justice field to allow them to mobilize the community sector towards concrete action in terms of access to justice.

In other words, thanks to the Support Fund, there is a strong associative network which supports access to justice in the official minority language in all the provinces and all the territories of Canada (pending the signing of one remaining agreement). Core funding allows them to acquire the organizational capacity and the stability necessary to serve OLMCs.

123. Does not apply.

124. When negotiating agreements with the provincial and territorial governments, including funding agreements, in areas of activity that may contribute to enhancing the vitality of official language minority communities, fostering the full recognition and use of both English and French in Canadian society, the protection and promotion of French or learning in the minority language, the federal institution had a mechanism in place to promote the inclusion in those agreements of provisions on official languages: Nearly always (Between 90% and 99% of cases). Clarifications: The Programs Branch, responsible for contribution agreements, ensures that the impact of services, activities or services funded for OLMCs is discussed with program recipients and that language clauses are included accordingly.

As an example of a measure Justice Canada has adopted to promote the inclusion of provisions on official languages in its agreements, mention should be made of emails sent to key people in the institution to inform them of the new OLA requirement to have a mechanism in place to promote the inclusion of provisions on official languages in FPT agreements. OLA-related duties impacting directly on Programs Branch’s mandate and practices, information and guidance have been made available on funding agreement templates as to how to approach such duties with recipients while suggesting at the same time wording for associated clauses.

Canadian Family Justice Fund: Negotiating agreements in the area of family justice with provincial and territorial governments, including funding agreements, in areas that contribute to enhancing the vitality of OLMCs and fostering bilingualism in Canadian society typically does not require extensive negotiation. This is because there is already a well-established relationship between the federal level, represented by the CFJF, and the provincial/territorial level. Both levels of government have mechanisms in place to ensure bilingualism when serving Canadians.

Moreover, Justice Canada has formal funding agreement templates designed to ensure bilingual requirements. These templates meet the overall Canadian government’s commitment to linguistic diversity and equitable access to justice. Therefore, when entering into agreements with provincial and territorial governments, provisions on official languages are often included as standard practice, rather than being subject to separate negotiations. This streamlined process ensures that initiatives aimed at enhancing the vitality of official language minority communities consistently prioritize the full recognition and use of both English and French across Canada.

Canadian Family Justice Fund: Family Law and Youth Justice Policy Section: The policy section working in family law includes an official language clause in Agreements with provinces and territories for administrative child support recalculation services. In 2023, an Agreement was signed with Manitoba, which included this clause.

125. The institution identified stakeholders from official language minority communities that are affected by the carrying out of its mandate or the implementation of its programs: Yes.

The institution’s programs and services enabled it to (check all that apply and provide details for each) (Questions 126-130):

126. Access to Justice in Both Official Languages Support Fund: Justice Canada’s Support Fund is designed to:

Achieving these two objectives contributes to supporting and assisting the development of OLMCs.

The funding for new projects and new organizations as well as the core funding granted in 2023-2024 allowed OLMCs to continue and/or to expand their activities. The funding provided to OLMC organizations contributes directly to their development (see questions #119 and #122).

Canadian Family Justice Fund: Supporting and assisting the development of Official Language minority communities (OLMCs) is explicitly identified as a key priority of the CFJF. This commitment is evident in both the public-facing overview of the fund and the formal terms and conditions governing its operations. The CFJF’s public overview highlights its dedication to promoting linguistic diversity and ensuring equitable access to justice for OLMCs across Canada. Additionally, the formal terms and conditions of the fund outline specific provisions and requirements aimed at supporting the development and empowerment of these communities.

By prioritizing the needs of OLMCs, the CFJF demonstrates its commitment to fostering inclusivity, linguistic rights, and cultural diversity within the Canadian justice system.

127. Access to Justice in Both Official Languages Support Fund: The Support Fund is designed to meet the needs of OLMCs in terms of access to justice in both official languages. It promotes the full recognition and use of French and English in Canadian society by providing funding to organizations whose projects aim to strengthen the delivery of legal services and information in both official languages.

Community Legal Education Ontario (CLEO)

Description: In 2023-2024, the Support Fund funded a project from the CLEO entitled “Online interactive tools for Franco-Ontarians (Guided Pathways) & continuing French-language program”. One component of this project was to develop and implement a new online content management system to facilitate continuous improvements to the French-language content.

Impacts: The purpose of this project is to help the French-speaking populations of Ontario navigate the justice system in French.

Results: This will result in more timely and simultaneous English/French legal updates and upgrades.

Success Factors: The capacity to update the pathways created by CLEO, in both official languages and in a timely manner, is critical to respond to ongoing legislative, regulatory, and policy changes.

By supporting projects such as CLEO’s, the Support Fund ensures that information, resources and legal services are available in English and French, allowing individuals to engage and interact with the justice system in the language of their choice.

Canadian Family Justice Fund: The CFJF plays a significant role in fostering the full recognition and use of both English and French in Canadian society by promoting access to justice in both official languages. Through its initiatives and programs, the CFJF ensures that legal information, resources, and services are available in both English and French, allowing individuals to engage and interact with the justice system in the language of their choice. By facilitating access to justice in both official languages, the CFJF contributes to the broader goal of linguistic equality and cultural diversity in Canadian society. This commitment not only ensures that Canadians can exercise their linguistic rights but also strengthens the fabric of the country by promoting inclusivity and respect for linguistic diversity.

The CFJF plays an essential role in fostering the full recognition and use of both English and French within the legal system, particularly concerning family law matters. It allocates resources to initiatives that enhance language equality by ensuring legal documents, proceedings, and services are available in both English and French. This supports the principles of linguistic rights and facilitates access to justice for all Canadians.

In the context of Bill C-78 amending the Divorce Act, the CFJF provides additional funding to support the implementation of its provisions, which emphasize bilingualism and the equal status of English and French in Canada’s legal system. This ensures that parties involved in family law matters can access information and services in either language, promoting fairness and accessibility within the justice system.

In 2023-2024, Justice Canada’s CFJF funded 4 projects directly supporting C-78, totaling $1,240,347 in funding.

Here’s an example of a funded project:

Petit Pont’s Professional Training Project

Description: The project aims to train professionals so that they can help identified communities better understand legislative changes such as the coming into force of the amendments to the Divorce Act; protect them and improve their physical and emotional well-being; and help them make better use of new technologies.

Impacts: The project ensures linguistic minority groups have access to relevant legal information and support in the official language of their choice, including English. Moreover, by focusing on improving professionals’ language proficiency in English and their ability to intervene with diverse populations, the project enhances accessibility and inclusivity within the justice system.

Results: Various training sessions were held, including those on divorce law, the Civil Code, new youth protection laws, and child representation by lawyers in court. Team members received certifications for completed training, including English language courses to better serve minority English-speaking. Moreover, services were adapted and new services were developed in response to the growing demand, particularly for access supervision and support for English-speaking minority communities. The project team worked on diversifying intervention approaches and developing new services to meet the evolving needs of the targeted populations.

Success factors: Adapting and creating new services based on the expressed needs of families further strengthens support for OLMCs, contributing to their overall well-being and empowerment within the legal framework:

  1. Enhanced Capacity: Training ensures professionals are well-equipped to address the specific needs of targeted populations.
  2. Informed Service Provision: Needs assessments ensure that services are tailored to the actual needs of users and partners.
  3. Ongoing Improvement: Regular team meetings foster continuous innovation and adjustment in service delivery.
  4. Service Adaptation: Adapting and diversifying services ensures that the organization remains responsive to the evolving needs of the populations served.
  5. Effective Resource Management: Recruiting and managing personnel ensures that the project has the human resources necessary for successful implementation.
  6. Accountability and Transparency: Regular reporting ensures stakeholders are informed about project progress and outcomes.
  7. User-Centered Approach: Collecting feedback on user satisfaction helps in refining services to better meet user expectations.
  8. Holistic Support: Referring users to partner organizations ensures comprehensive support beyond the organization’s direct offerings.

Through these efforts, Petit Pont’s project plays a crucial role in fostering acceptance and appreciation of both official languages while promoting equitable access to justice for all.

128. Access to Justice in Both Official Languages Support Fund: The Support Fund is designed, partly, to meet the needs of Francophone communities outside of Québec in terms of access to justice. As a result, the Support Fund protects and promotes French in minority communities across Canada.

The Justice Access Center from l’Association des juristes d’expression française de la Nouvelle-Écosse (AJEFNÉ)

Description: The Support Fund provides funding to the Association des juristes d’expression française de la Nouvelle-Écosse (AJEFNÉ) for its legal information centre, the Justice Access Center.

Impacts: With this funding, the AJEFNÉ raises awareness among litigants about exercising their rights in French.

Results: This project aiming at orienting the client includes help in filling out legal forms, access to a library of legal information, access to a computer and a printer, explanation of the justice system in criminal and family matters (two areas where there is a great demand), the explanation of the steps and services offered for victims of crimes, the explanation of the various steps or services offered before the hearing for a question of custody or alimony (such as the settlement conference).

Success factors: Not only does AJEFNÉ make legal tools and information accessible to the Francophone population, but it also promotes the accessibility of legal services in French to Francophones, Francophiles, and Acadians in Nova Scotia.

Canadian Family Justice Fund: The CFJF protects and promotes the French language by prioritizing bilingualism and ensuring that French-speaking Canadians have equitable access to justice services and resources. CFJF initiatives aim to provide legal information, support, and services in both English and French, thereby safeguarding the linguistic rights of French-speaking individuals.

By actively supporting the provision of legal assistance and resources in French, the CFJF helps to preserve and strengthen the French language within the Canadian justice system. This commitment to bilingualism not only protects the French language but also promotes its use and recognition, contributing to the enrichment and diversity of Canadian society.

129. Access to Justice in Both Official Languages Support Fund: The Support Fund is designed to meet the needs of OLMCs in terms of access to justice in both official languages of their choice. Through projects that support the increase of legal knowledge in both official languages, the Support Fund strengthens opportunities for French-speaking and English-speaking minorities to engage in quality learning in their own language.

Adaptation of the Pick your side! workshop in Nunavik

Description: In 2023-2024, the Support Fund provided funding to Éducaloi, an organization based in Quebec, to adapt one of its legal information workshops (in collaboration with Justice Pro Bono) intended for young English-speaking Inuit, aged 11 to 17, in Nunavik. The objective was to ensure that the learning tools correspond more closely to the cultural reality of the targeted learners.

Impacts: This collaborative project made it possible to inform and legally equip young Inuit regarding their rights and obligations while taking int+B467o account their realities and their culture, to develop the legal skills of young people and teachers to increase the power of action of individuals in Nunavik and contribute to better access to justice. It also made it possible to engage young Inuit in a reflection on the current justice system and what it could become.

Results: This project included the creation of a lasting educational kit that could be used by teachers in Nunavik.

Success factors: This project strengthens the opportunities for English-speaking minorities to engage in quality learning, particularly in remote and diverse communities.

Canadian Family Justice Fund: The CFJF advances opportunities for members of OLMCs to pursue quality learning in their own language primarily through projects that support the growth of legal knowledge in both official languages. By investing in initiatives that provide legal information, resources, and services in both English and French, the CFJF ensures that individuals from OLMCs have access to quality learning opportunities in the official language of their choice. This commitment strengthens the ability of French-speaking and English-speaking minorities to engage with the legal system, pursue education, and acquire essential legal knowledge in their own language.

131. In developing a disposal strategy for a surplus federal real property or a federal immovable, the institution consulted the official language minority communities and other stakeholders to take into account the needs and priorities of the English or French linguistic minority communities of the province or territory where the federal real property or federal building in question is located: N/A. Clarifications: The Department of Justice is not mandated to dispose of surplus federal real property.

132. Give us one or two examples of best practices that your institution has implemented as part of fulfilling its commitment under Part VII of the OLA.