Canada ( Information Commissioner ) v. Canada ( Minister of Public Works and Government Services )
T-426-95
Rouleau J.
23/6/95
4 pp.
Applicant directing Court administrator to ensure availability of simultaneous translation services with respect to three files involving two government institutions -- Only one of three files proceeding to argument; hearing lasting one hour-No justification for directive -- Complainants in each case English speaking; correspondence between departments entirely in English; applicant's pleadings entirely in English -- Similar request by applicant's counsel for simultaneous translation arising in previous matter rejected as unfounded -- Applicant's counsel relying on Constitution Act, 1867 s. 133 -- Although French and English clearly constituting official languages, provisions of Official Languages Act to prevail under present circumstances: s. 18(b) requiring government institutions to use that official language as reasonable under circumstances -- Applicant should be represented by counsel competent in language chosen by other party; English language reasonable having regard to circumstances -- Absolutely no need for counsel to use headphones providing translation into French language -- Direction nothing more than capriciousness on part of applicant's counsel resulting in unneeded expenses during time of restraint -- Particularly offensive having regard to fact counsel previously warned about like abuse -- Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) [R.S.C., 1985, Appendix II, No. 5], s. 133 -- Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31, s. 18.