QUESTION PERIOD — Canadian Heritage
Official Languages
December 12, 2024
Honourable senators, the new Divorce Act, enacted in 2019, allows Canadians to obtain their divorce in the official language of their choice before a judge who speaks and understands that language. I congratulate the government on that.
However, five years later, three provinces — Nova Scotia, Prince Edward Island and Newfoundland and Labrador, which have an Acadian and francophone minority — have not yet enacted the new divorce law. Even Ontario and British Columbia did so only recently. This means that, once again, the French-speaking minority in this country does not have the same rights as the English-speaking majority.
Senator Gold, what is the federal government doing to ensure that this law is enacted in these three provinces so that francophones and Acadians can get divorced in their own language?
Thank you for the question. It is very important. The government is committed to ensuring that Canadians can access all facets of the justice system in both official languages. As you quite rightly stated, some provinces have unfortunately opted not to enact this law with respect to the federal role. I will talk to the minister to get more information about your specific question.
Thank you.
The government has appointed 19 justices to the Supreme Court of Nova Scotia since 2019. Two francophone justices sit in the General Division but don’t do family law. This means that if francophones apply for a contested divorce to be heard in French, they will once again be denied the expertise of a judge with family law experience, unlike anglophones.
How can the government claim to be taking positive measures or showing consideration for the province’s Acadian minority after failing to appoint a single judge out of 19 who is capable of speaking and understanding French?
Thank you for the question. Although this government is appointing judges at a record pace, more work remains to be done. As for your question, which not only addresses the Minister of Justice’s final decision but also encompasses recruitment, selection and other processes, I will add it to my question for the minister.
