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Login to watch this video if you have a subscription. Learn more about subscriptions.In “French Language Rights: Problèmes et Solutions”, Justice Julie Thorburn of the Court of Appeal for Ontario and Judge Marc Smith of the Cour supérieure de justice discuss how Ontario’s legal framework protects the right of civil litigants to proceed in French. They trace these protections from the Charter through the Courts of Justice Act and Regulation 53/01, showing how bilingual proceedings function in practice—with bilingual judges or juries, interpretation, translation, and the right to receive reasons in either official language. Drawing on leading cases such as Belende v. Patel and Mazraani v. Industrial Alliance Insurance and Financial Services Inc., the presentation underscores that the right to a bilingual hearing is substantive, not procedural, and explains how breaches are remedied. Practical insights focus on asserting language rights early, managing translation and interpretation efficiently, and leveraging designated bilingual appeal sittings to better serve clients and meet professional obligations.
Overall, the presentation highlights how Ontario’s bilingual justice system provides enforceable, practical options for francophone litigants and how lawyers can ensure those rights are effectively exercised.
Justice Marc Smith was the co-founder and principal of the law firm Forget Smith, a civil litigation firm with offices in Ottawa and Toronto. He obtained a Business Administration degree in 1991 and an LL.B. in 1994 (French Common Law), both from the University of Ottawa. He was called to the bar in 1996. Justice Smith’s litigation practice specialized in dealing with insurance-related issues, personal injury, commercial disputes, and professional negligence. He has argued cases in both official languages before the Superior Court of Justice, the Ontario Court of Appeal, the Licence Appeal Tribunal, and the Financial Services Commission of Ontario. In 2018, Justice Smith was appointed to the Attorney General’s Access to Justice in French Advisory Committee, a permanent committee providing advice and guidance to the Attorney General of Ontario on strategies related to access to justice in French. He is married and has been actively involved in raising three children.
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