Justice in Official Languages Newsletter No. 21 — Resilience, Summer 2025

Socio-legal support at work!

Socio-legal support (SLS) is an investment priority of the Access to Justice in Both Official Languages Support Fund (Support Fund). SLS is based on the recognition that different categories of people may require legal information that is specifically tailored to their situation. This is especially true for the most marginalized or vulnerable populations in our communities, such as migrants. 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 their rights and obligations. Since 2023, the Support Fund has been providing financial resources for projects to do just that. Without limiting it, here is a list of some notable projects that have been completed or are currently in progress :

For more information on socio-legal support, please consult Bulletins No. 19 and No. 20.

R . v. Tompouba: New Trial for an Accused Who Was Not Informed of His Language Rights

R . v. Tompouba, 2024 SCC 16, dealt with the legal consequences of a breach of the obligation of a judge before whom an accused is appearing for the first time to inform the accused of his or her fundamental right to a trial in the official language of his or her choice and the time limits within which he or she must make the request, as required by subsection 530(3) of the Criminal Code (Cr. C.).

Section 530(3) of the Criminal Code

Section 530(3) was added to the Cr. C. in 2008 to make the judge the ultimate guardian of the right of every accused person in Canada to be tried in the official language of his or her choice and of the free and informed nature of that choice. The judge must, proactively and systematically, take the necessary steps to ensure that there is "no doubt" that any accused person is well aware of his or her law and its modalities. If the judge finds that the accused has not been properly informed, or if there is still a doubt to that effect in his mind, he must ensure that the accused is informed of his right and the manner in which it is exercised.

Breach of s. 530(3) of the Criminal Code

A breach of s. 530(3) Cr. C. has different consequences depending on when it is raised. When it is raised at trial, outside the time limits set out in s. 530(1) Cr. C. in order to request a trial in a minority language, the accused may file a late application for such a trial under s. 530(4) Cr. C. The judge's failure to comply with s. 530(3) Cr. C. is then a relevant factor in favour of the accused, to be taken into account by the application judge when assessing the diligence shown by the accused in exercising his or her fundamental right.

In Tompouba, the breach of s. 530(3) Cr. C. is raised for the first time on appeal. In this situation, the analytical framework developed by the Supreme Court takes into account, on the one hand, the teachings of Beaulac— which promote the protection of the language rights of accused — and, on the other hand, the regime for appealing a conviction, in the logic and structure of section 686 Cr. C.

Section 686 Cr.C. sets out the powers of a court of appeal hearing an appeal from a conviction. Paragraph 686(1)(a) Cr. C. allows an appellate court to intervene if the appellant succeeds in showing that the verdict is unreasonable, that an error of law was made or that there was a miscarriage of justice. Section 686(1)(b) contains two remedial provisions that have the common purpose of allowing an appeal to be dismissed where the error or impropriety demonstrated by the accused did not prejudice him.

In developing this analytical framework, the court is trying to strike a fair balance between, on the one hand, the constitutional importance of language rights in Canada and, on the other hand, the risks of instrumentalization of these rights on appeal. As the court stated, it is completely reprehensible for a party to attempt to take advantage of a violation of its language rights for purely strategic purposes.

Framework for Analyzing When a Breach of 530(3) Is First Raised on Appeal

Key points of the court's decision:

Error of law and presumption of prejudice

According to the majority of the Supreme Court of Canada, a breach of s. 530(3) of the Cr. C. constitutes an error of law (wrongful failure to apply a rule of law), which allows an appellate court to intervene under subparagraph 686(1)(a)(ii) of the Cr. C.. The accused need only report the error of law. The judge's omission creates a presumption of prejudice to the accused, namely the violation of his fundamental right to be tried in the official language of his choice. In this case, the error taints the trial judgment and opens the way for the Court of Appeal to intervene.

Burden of proof

Once the error of law has been identified, the onus is on the Crown to show, on a balance of probabilities, that the error did not cause actual prejudice to the accused under paragraph 686(1)(b).

Curative Proviso in Section 686(1)(b) of the Criminal Code

The Crown may rely on the curative proviso in subparagraph 686(1)(b)(iv) and attempt to show, on a balance of probabilities, that the accused was not aggrieved by the violation of his or her language rights, either by pleading one of the following three grounds:

If this demonstration fails, a new trial must be ordered, as the breach of s. 530(3) infringed the fundamental right of the accused to be tried in the official language of his choice, thereby causing too great a prejudice to the accused to uphold the conviction.

Difficulties for the Crown in Presenting Evidence on Appeal

While the Crown may rely on the evidence already in the record or apply to the Court of Appeal for leave to adduce new evidence, the Supreme Court is aware that the Crown will sometimes have difficulty proving that the fundamental right of the accused has not been effectively violated by the breach of s. 530(3) of the Cr. C.. In the court's view, these risks are mitigated by three considerations: (1) these difficulties arise only when the judge has failed to discharge his or her duty to inform under para. 530(3) of the Cr. C., (2) prevention is possible through the implementation of systematic practices to ensure that the duty to inform is respected and the Crown can actively contribute to this by reminding the judge of this duty, and (3) the challenges faced by the Crown at trial when an accused files a late application under s. 530(4) of the Cr. C., while several pieces of evidence are likely to be beyond his reach, in particular because of the privilege linked to professional secrecy.

Application to the present case

In this case, it is common ground that the judge failed to comply with s. 530(3) and to ensure that Mr. Tompouba was advised of his right to be tried in French: this is an error of law. It is accepted that Mr. Tompouba's mother tongue is French and that he therefore possesses sufficient language skills in that language to choose to stand trial in that language. In order to allow the application of the curative proviso and the dismissal of the appeal, the Crown cannot therefore plead the accused's lack of command of French. Rather, what he can try to show is that Mr. Tompouba would have chosen English as the language for his trial in any event, even if he had been duly informed of his right, or that Mr. Tompouba would have had timely knowledge of his right, other than by the notice provided for in s. 530(3) Cr. C., so that it can be concluded that the accused made a free and informed choice to be tried in English. At best, the evidence is "sterile" on these issues, that is, it does not support a finding one way or the other on a balance of probabilities. The remaining uncertainty or doubt must be to the advantage of Mr. Tompouba and be held against the Crown, which has failed to demonstrate, on a balance of probabilities, that Mr. Tompouba would have chosen English in any event. As a result, the Supreme Court quashed the conviction and ordered a new trial in French.

Conclusion

This decision underscores the importance of informing all persons charged with a criminal offence in Canada of their fundamental right to be tried in the official language of their choice and the time frames within which they must make their application. It also emphasizes the crucial role of the judge in ensuring that this right is respected from the first appearance of the accused. If s. 530(3) is not complied with, it can taint the entire judicial process and, in the absence of convincing evidence to the contrary, warrant a new trial. The Crown, for its part, has an important role to play in preventing this type of error, by reminding the judge of the obligation to inform all accused persons of their right to be tried in the official language of their choice.

Rendez-vous de la Francophonie 2025

The 27th edition of the  Rendez-vous de la Francophonie (RVF) took place from March 1 to 31, 2025, under the inspiring theme: "Cultivate your roots!" This theme highlighted a dynamic and vibrant culture, which is constantly evolving through shared experiences and knowledge.

On March 26, 2025, an event was held at the Department of Justice, also marking the celebration of the International Day of La Francophonie. This event was hosted by Guyaume Boulianne, a Canadian artist of Manitoban and Acadian origin, known for his musical versatility and his ability to transmit his experience through music and words.

The day's program began with the screening of the documentary Trécarré: à la source du son de la Baie Sainte-Marie, directed by Natalie Robichaud and produced by the National Film Board of Canada. This documentary explores music within the Acadian community, highlighting its central role in local culture and identity. The documentary followed the musical group Trécarré, of which Guyaume is a member, to immerse viewers in the sound and cultural universe of Baie Sainte-Marie in Nova Scotia.

After the screening, a Q&A session allowed participants to discuss the film, Acadian music, as well as topics related to linguistic insecurity, a major issue for Francophone communities in Canada and elsewhere.

This event was a great opportunity to celebrate the richness and diversity of Francophone culture, while encouraging everyone to cultivate their roots. The Rendez-vous de la Francophonie 2025 was an invitation to reconnect with the history, traditions and values of the Francophonie through an artistic and collective experience.

Did you know?

Official Languages Centre of Excellence (OLCE)

The Official Languages Centre of Excellence (OLCE) has been housed at the Treasury Board Secretariat (TBS) since its creation in 2008, and ensures that federal institutions meet their official languages obligations.

The modernized Official Languages Act (OLA) now provides that the TBS and its President have a strengthened and expanded role in the governance and implementation of official languages. As a result, the OLCE supports the Treasury Board, which is now responsible for the overall direction and coordination of policies and programs for the implementation of Parts IV, V, VI and certain provisions of Part VII of the OLA. It develops, monitors, audits, evaluates, supports and reports on departmental activities to determine how obligations under the OLA are met. The OLCE also supports the TBS in its new responsibilities for the measures implemented by federal institutions for the benefit of official language minority communities, including through agreements between the federal government and other levels of government. Finally, the OLCE's work supports the Treasury Board's responsibilities related to communications and the delivery of services to Canadians in the official language of their choice, as well as the respect of language rights with respect to language of work in the federal public service.

For more information, please contact OLCE directly: OLCEInformationCELO@tbs-sct.gc.ca

The Official Languages Review Exercise

The Review of Official Languages is a report commissioned by the TBS-OLCE on the official languages activities of federal institutions. The report is also distributed to the House of Commons, the Senate and the Commissioner of Official Languages.

Justice Canada's Annual Review on Official Languages is released here. This report allows TBS to prepare its annual report on official languages, which is published here.

Interview with Justice Canada's Associate Deputy Ministers: Linguistic Insecurity Is Everyone's Business!

It was an honor for Karen Peddle and Michel Francoeur, from Justice Canada's Official Languages Directorate, to meet with the department's Associate Deputy Ministers, Isabelle T. Jacques and Samantha Maislin Dickson, on June 27. The meeting proved to be particularly enriching, offering a very relevant perspective on linguistic insecurity as experienced by the senior management of our department. Linguistic insecurity is indeed everyone's business!

Have you ever felt linguistic insecurity and do you still feel it today?

From the outset, Deputy Minister Maislin Dickson explained that she had the benefit of being bilingual thanks to her mother’s decision to send her to school in French, even though both of her parents were anglophones from Montreal. Her mother believed it was important to speak more than one language. Since her mother tongue is English, she admits that when she’s tired, it can show when she speaks French: she searches for words, makes mistakes, stumbles, and as a result, she feels less comfortable with her ability to communicate adequately in French.

As for Deputy Minister Jacques, she responded with an example: “At the beginning of my career, when I started practicing law, I had to go to court to make motions in English. The room was full of anglophones, I had difficulty speaking English, and I was appearing before an anglophone judge; I felt very, very insecure speaking English in front of a crowd, making mistakes, to the point that it stressed me out enormously to have to appear in court.” Over time, she realized that making mistakes wasn’t a big deal, that she had colleagues who were ready to help when she made errors or used incorrect expressions in English—some of which were quite funny. They corrected her, which helped her feel less insecure about speaking English. She tells herself, “If I make mistakes, I make mistakes, but I try.” She feels more confident today speaking English, even if it’s not always perfect. But that doesn’t stop her from remembering those moments when she felt very embarrassed and stressed about speaking in her second language.

In which situations do you feel the most linguistic insecurity? What strategies do you deploy in these moments?

For Deputy Minister Jacques, she knows she has an accent when she speaks English. It’s noticeable in how she pronounces more difficult words, for example. Also, when she prepares videos, she often has to redo takes when speaking in English. But she believes it’s important not to lose her accent. Over time, and at this stage in her career, she’s come to realize that people are happy to hear her speak in either language, as long as she makes the effort. As a result, she feels less nervous than before. “I make mistakes, but at least I’m able to express myself in the other official language. That encourages me.”

For Deputy Minister Maislin Dickson, aside from fatigue, having to speak in her second language in a field where she’s unfamiliar with the terminology is another situation where she feels insecure speaking in her second language. For example, she learned the names of birds in French and knows very few of them in English. She explains that she did her early schooling in French, including her music classes, and later went on to attend CEGEP and university in English. As a result, she had to relearn all the music terminology in English. “It’s really in those moments that I’ve felt the most vulnerable in terms of linguistic security.” Also, when she’s searching for words, she sometimes starts a sentence in French and ends up saying a word in English.

Ms. Jacques added that even for a francophone, there are terms one learns in English—whether in law or in practice. You then have to relearn those terms in the other language. You have to make the effort!

What have you learned from your "best failures" and how do you apply it to your language resilience?

Here, we start with a quote from Associate Deputy Minister Maislin Dickson: “Having had many ‘meilleurs échecs’, I think the rule that I would take in the context of linguistic insecurity is that it’s not about perfection, it’s about communication; so perfection is the enemy of the good. You won’t know unless you try, especially in the context of languages. And it’s better to try and to get it wrong and to keep trying than to wait until you think you have it perfect”. She explains that if we wait to get it right, we create a situation of fear where we are so convinced we have to have it right.

Associate Deputy Minister Jacques believes you have to be in an environment where you know you can make mistakes while learning a second language. For her, what is key is to start speaking in your second official language with people you trust, who will not judge. “I thought others would judge me. But then, as I gained assurance in English and started speaking more regularly, I cared less and less about my mistakes because I saw how much people appreciated the effort. And with my mistakes, I kept on learning.” She explains that she asked people to correct her and then people felt comfortable doing so. She admits that her partner, on occasion, still laughs when she makes mistakes in English but now, she also finds it funny. She is just happy to speak another language. For her, the goal is to be able to communicate, and it does not matter if a person makes mistakes. The trick is to learn and practice. She remembers how big a cultural change it was for her to move to Ottawa from the province of Québec. Even though her school in Ottawa was also in French, there were cultural differences and she loved it.

Deputy Minister Maislin Dickson arrived in Ottawa from Montreal, from anglophone parents, and when she first arrived, she found the city to be more bilingual than Montreal — which she found very interesting. She recalls that in the early 1990s, in Montreal, people were either francophone or anglophone, and the divide was quite pronounced. In Ottawa, she found that bilingualism was more integrated, even if the French spoken was sometimes a bit different.

What advice would you give to improve a person's linguistic resilience?

For Deputy Minister Jacques, what matters most is practicing and surrounding oneself with people with whom one feels comfortable speaking and safe making mistakes. She believes that’s why it’s important to have colleagues at the office with whom you speak in French or English and to say, “Don’t be shy, I’ll help you.” Speaking in your second language and making that effort helps you go beyond your current language level. We need to support one another and not be afraid to ask colleagues for help in order to feel comfortable expressing ourselves. That’s what helped her.

Deputy Minister Maislin Dickson adds that it’s important to expose oneself to one’s second language—for example, in her case, by reading in French. “I benefit from a wonderful gift, which is bilingualism, but I continue to try to expand my vocabulary and improve my syntax, because I’m an anglophone at heart.”

What are the positive and negative impacts of linguistic insecurity in your opinion?

Deputy Minister Jacques finds it interesting to have francophone friends from across the country. She spent a lot of time in Eastern Canada with Acadians. One of her brothers-in-law is an Acadian singer, and she finds the language folkloric and colourful, which is fascinating when discussing linguistic insecurity. You can arrive in Paris and feel insecure speaking your first language, which is French. When she hears people speaking Chiac, with its various amusing and vibrant expressions, she thinks, “We really need to open ourselves up to all of this, be less uncertain about languages, and just let go. We need to celebrate differences.”

And the final word goes to Deputy Minister Maislin Dickson: “It’s about being open. I think it’s the same thing that Isabelle is saying. I think it brings an element of vulnerability. And not having that complete command, I think that has positive and negative impacts on how one goes forward in the world. So, to Isabelle’s point, it’s about accepting the differences as opposed to trying to control them”.

Group photo of Karen Peddle, Isabelle T. Jacques, Samantha Maislin Dickson, and Michel Francoeur, taken during the interview on linguistic insecurity
Group photo of Karen Peddle, Isabelle T. Jacques, Samantha Maislin Dickson, and Michel Francoeur, taken during the interview on linguistic insecurity.

Announcements

The 25th Anniversary of the Association des juristes d'expression française de la Colombie-Britannique

On February 5, 2025, just over 220 participants gathered in Vancouver to celebrate the twenty-fifth anniversary of the Association des juristes d'expression française de la Colombie-Britannique (AJEFCB). The event, entitled "Let's talk about access to justice in French in British Columbia," was attended by the Right Honourable Richard Wagner, Chief Justice of the Supreme Court of Canada, and the Honourable Léonard Marchad, Chief Justice of British Columbia and the Yukon Court of Appeal. An enriching question period followed with the Honourable Lori-Renée Weitzman, Justice of the Quebec Court of Appeal. Happy birthday to the AJEFCB!

The 10th Anniversary of the National Justice Training Network

The year 2024-2025 was marked by the tenth anniversary of the National Justice Training Network (NJTN). The NJTN has been an initiative funded by the Department of Justice since its inception in 2014. It plays a key role in improving the continuing education of justice professionals, by bringing together around the same table institutions offering resources and training adapted to the contemporary challenges of the sector. Congratulations to the NJTN!

The 20th Anniversary of the Institute for Professional Development in French

In February 2025, the twentieth anniversary of the Institut de développement professionnel en langue française was celebrated at a five-day event in Toronto. Workshops, speeches, mock trials and other topical topics such as diversity and artificial intelligence awaited the participants. Since its inception in 2005, the Institute has been a pioneer in an extensive network of different training courses for justice system professionals with its emphasis on legal vocabulary and practice-oriented workshops. There are now hundreds of learners who have received language improvement training. 

The 35th Anniversary of the Association de juristes d'expression française de l'Alberta and the 10th Anniversary of its Alberta Legal Information Centre

On May 30 and 31, 2025, the Association des juristes d'expression française de l'Alberta (AJEFA) celebrated its 35th anniversary and the 10th anniversary of its Alberta Legal Information Centre. For the occasion, many legal professionals and guests from the community gathered in Edmonton to network and celebrate several years of service to Francophone and Francophile litigants in Alberta. The schedule included a series of panels, including on employment and labour rights, language rights, and the judiciary.

The 10th Anniversary of the Ontario Legal Information Centre

The Ontario Legal Information Centre (OLIC) celebrated its 10th anniversary on May 1, 2025, on the University of Ottawa campus. The event was held to mark a decade of legal services available in both English and French. The Centre, which has been open since 2015, has grown significantly, now processing more than 3,000 applications per year, mostly from unrepresented people. Justice Canada was invited as a guest of honour, in recognition of its role as a long-standing funder and partner.

First cohort graduating from the Access to Justice in French concentration

On June 5, 2025, the first official cohort of the Access to Justice in French concentration at the University of Manitoba's Faculty of Law, led by Professor Lorna Turnbull, celebrated its graduation. Congratulations to all recent graduates!

Sebastien Budd receives the annual Award of Excellence from the Departmental Network of Persons Responsible for the Implementation of Section 41 of the Official Languages Act

The annual Award of Excellence of the Departmental Network of Persons Responsible for the Implementation of Section 41 of the Official Languages Act (Network 41) is awarded to a coordinator who has distinguished himself or herself by his or her involvement during the year. The purpose of the Award of Excellence is to recognize the commitment and contribution of this person to the advancement of the equal status of English and French. This award recognizes the positive impact of a coordinator's actions and leadership and the added value he or she brings to Network 41. Managed by the Justice in Official Languages team, Network 41 is one of the pillars of the implementation of section 41 of the Official Languages Act (OLA) within the Department of Justice Canada. The Network is composed of Program and Policy Coordinators and Regional Coordinators.

This year, the JOL team presented the award to Sebastien Budd, the Ontario Regional 41 Coordinator. As soon as he joined Réseau 41 in 2022, Sebastien quickly distinguished himself for his enthusiasm and general interest in official languages. The JOL team would like to thank and congratulate him for his contribution to the implementation of section 41 of the OLA!

The JOL team would also like to acknowledge the respective contributions of two Coordinator 41s who are about to retire. Our gratitude and best wishes go out to the outgoing Saskatchewan Regional Office Coordinator 41, Scott Bell, and the outgoing Youth Justice Fund Yves-Carol Monette.

Learn more about Network 41 of the Official Languages Act (OLA).

Network 41’s stylized banner: a map of Canada composed of evenly spaced gray dots on a light background. Each dot represents a community. To the right, the text ‘NETWORK 41’ appears in olive green. Below the text are seven small colored dots representing Part VII of the Official Languages Act. The colors from left to right are navy blue, mustard, ochre, olive green, turquoise, beige and ochre.
Network 41’s stylized banner: a map of Canada composed of evenly spaced gray dots on a light background. Each dot represents a community. To the right, the text ‘NETWORK 41’ appears in olive green. Below the text are seven small colored dots representing Part VII of the Official Languages Act. The colors from left to right are navy blue, mustard, ochre, olive green, turquoise, beige and ochre.

Advisory Committee on Access to Justice in Both Official Languages

The Annual General Meeting of the Advisory Committee on Access to Justice in Both Official Languages (Advisory Committee) is scheduled for October 29, 2025.

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

The semi-annual spring meeting of the Federal-Provincial-Territorial Working Group on Access to Justice in Both Official Languages (FPT Working Group AJ2LO) was held virtually on May 27, 2025. The next meeting of the FPT Working Group is scheduled for December 2025.

Notable Retirements

Monica McQueen, former General Counsel of the Public Prosecution Service of Canada (PPSC) and former member of the FPT AJ2LO Working Group

The JOL team would like to acknowledge the retirement of Monica McQueen. Monica spent nearly 25 years with the Public Prosecution Service of Canada (PPSC), where she conducted prosecutions in the five eastern provinces of the country, in both English and French. She has been involved in criminal matters, appeals and legal advice to investigators in all four Atlantic provinces. She was also a wiretap officer under Part VI of the Cr. C.. Monica represented the Atlantic region on the PPSC's National Official Languages Committee for several years. In this role, she regularly organized events and celebrations, including for the Journée de la Francophonie, to promote linguistic diversity and inclusion. In addition to serving as co-champion of official languages and being responsible for Part VII of the Official Languages Act for a period of time, she distinguished herself as the PPSC's representative on the FPT AJ2LO Working Group.

Nancy Othmer, former Assistant Deputy Minister of the Public Law and Legislative Services Sector

In 2024, the Department of Justice marked the retirement of Nancy Othmer, Assistant Deputy Minister (ADM) of the Public Law and Legislative Services Sector (PLLSS). The JOL team wishes to express its deep gratitude to Nancy for her valuable work and her many years of committed service to the department. Her expertise, kindness and professionalism have not only enriched our team, but have also inspired all those who have had the chance to work alongside her. She leaves an indelible mark.

Danielle Manton, former Director of the National Justice Training Network (NJTN)

In 2025, we also note the retirement of Danielle Manton, the former Director of the National Justice Training Network (NJTN), a long-time partner of the Access to Justice in Both Official Languages Support Fund. Danielle was the Executive Director of the Association des juristes d'expression française de l'Ontario and a Francophone senior manager in the Court Services Division of the Ontario Ministry of the Attorney General, before accepting the position of Executive Director of the NJTN in 2021. The JOL team would like to thank her for nearly 30 years of dedication to access to justice in French for Canada's Francophone minority communities.

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Justice in Official Languages
Official Languages Directorate
Public Law and Legislative Services Sector
Department of Justice Canada
Justice in Official Languages