NEWS
6 Obiter Dicta
Event Recap
The Power of Bilingualism in the Legal Profession
natalie livshitz ›
canadian forum on civil justice
O
n ja n ua ry 28th, 2015, I was glad to
partner with the cfc j to host a panel
event titled “The Power of Bilingualism
in the Legal Profession.” Osgoode Hall
Law School opened its doors to an esteemed group of
panelists:
• Justice Paul S. Rouleau of the Court of Appeal for
Ontario
• François Baril, Partner at Gowlings llp and
President of ajefo
• Josée Bouchard, Equity Advisor at the Law Society
of Upper Canada
• Kelly Burke, Assistant Deputy Minister at the
Ontario Office of Francophone Affairs
I was inspired to promote bilingualism in the legal
profession after trying out and then being accepted
for the position of French Language Oralist for the
Laskin Bilingual Moot. During this process, I was
made aware of the difficulties that the law school had
faced in terms of finding French-speaking students to
fill this role. A shortage of French-speaking law students translates into a shortage of French-speaking
legal professionals. This is unacceptable in a province where the citizens have broad rights to access
justice in French (for more on French language rights
in Ontario, see the 2012 Access to Justice in French
report from the Ontario Ministry of the Attorney
General).
In addition to improving access to justice, in
Canada, bilingualism opens many doors for legal
professionals. One of my goals for this event was to
inspire law students to develop or improve their
French language skills, which would in turn improve
access to French legal services in the legal profession
in the future.
The panel offered invaluable insights for law students who hope to practice in French. It began with a
discussion regarding how to fulfill the lawyer’s duty
to advise clients of their French language rights. Baril
reminded students that the ability to present evidence in the client’s preferred language leads to good
results and a tactical advantage; Rouleau reinforced
this point by emphasizing that testifying in one language above another can shape perceived credibility.
When a client whose first langua ge is French is forced
to testify in English, this may compromise the testimony and reflect poorly on the client. Unfortunately,
requesting a French trial may result in delays, so clients often choose to testify in English to expedite the
process.
While Baril warned that practicing in French is
difficult, all of the panelists encouraged students to
not be intimidated to proceed in French. Although
keeping terminology up to date is a challenge, it is
well worth it. Baril explained that being a French
speaking litigator broadened his exposure and experiences, providing him with major opportunities in
Washington and China. Justice Rouleau spoke to the
demand to French language skills in the common
law market, asserting that his skills gave him cross
practice experience and enriched his career. Burke
addressed public practice, stating that French
language opportunities are plentiful. By leveraging her skills, she was able to advance and provide
French language services. Bouchard emphasized the
importance of links to the Francophone community
in terms of networking opportunities that open up for
French-speaking lawyers.
The panel event concluded with some practical
advice for students, including a personal anecdote
from Justice Rouleau that gave students a good reason
to resist using Google Translate: the judge reminisced
about receiving a document from a lawyer with his
name listed as “Justice Roll”, a literal translation of
his name from French to English. He was thoroughly
unimpressed.
Bilingual skills are in demand in Ontario’s legal
profession and having the skills to fill this demand
will not only improve access to justice but will also
enrich your legal career. For more information about
pursuing bilingualism in your practice, be sure to
check out the many online resources mentioned
during the panel discussion including: a jefo, the
Law Society’s numerous student-oriented events and
French Professional Development Programs as well
as the various ongoing programs, events and crown
counsel evaluation available through the Ontario
Ministry of the Attorney General. u
Additional details about the event can be found on
Twitter where it was live-tweeted by @cfcj_fcjc
with the hashtag #FrenchA2J.
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