Lavigne v. Canada ( Human Resources Development )
T-1977-94
Noël J.
15/5/95
9 pp.
Motion for directions regarding appropriate language for affidavits filed on behalf of respondents in light of Act, s. 18 -- Originating notice of motion and supporting affidavit with respect to dispute arising from employment filed by applicant in English -- In response, respondents filing four reply affidavits in French -- Respondents providing applicant with loose translation, but submitting translations not required by law; not having authentic value; and thus cannot be relied upon by parties or Court for conduct of motion -- Act requiring respondent to use official language used by other party in "oral or written pleadings" in proceedings -- Affidavit testimony not forming part of "pleadings" or "les plaidoiries" or "les actes de procédures" within meaning of Act, s. 18, and thus no linguistic obligations attaching thereto-Conclusion with respect to Act, s. 18 entirely consistent with Constitution Act, 1867 s. 133 and Charter, s. 19(1) (linguistic guarantees) regarding use of either official language in judicial proceedings -- Linguistic guarantees enhanced by Act, s. 18 requirement casting further obligation on federal institutions to use official language of other party in oral or written pleadings -- Construction of Act so as to compel Crown to adduce evidence in official language chosen by other party inconsistent with rights of witnesses to testify in official language of their choice pursuant to Constitution Act, 1867, s. 133 and Charter, s. 19 -- Neither Crown nor federal institution having obligation to provide party with affidavit translation sworn by its witnesses -- No suggestion affiants chosen by reference to language with view to impeding advancement of application -- Natural justice generally alleged as accomplished event, respondent alleging natural justice as preemptive measure to avoid breach which has yet to occur: onus of establishing prospective breach heavy -- Applicant's right to fair hearing in no way jeopardized by reason of language -- Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31, s. 18 -- Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) [R.S.C., 1985, Appendix II, No. 5], s. 133 -- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982 c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 19.