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English schools are 'heart of the community,' court hears as Bill 40 challenge begins
Central Quebec School Board chairperson Stephen Burke spoke Wednesday in Quebec Superior Court of being "a defender of the English communities that are in predominantly French areas."
School boards are an important part of the checks and balances that ensure the interests of English communities across Quebec are protected, a Superior Court judge was told Wednesday as he began to hear arguments on Bill 40.
Justice Sylvain Lussier is scheduled to hear arguments on the CAQ government’s legislation to abolish all school boards well into next week. The Quebec English School Boards Association — which represents nine English school boards — opposes Bill 40, which would see all boards be switched to so-called service centres. Among the boards represented by QESBA are the Lester B. Pearson and English Montreal school boards.
“I am particularly interested in hearing the legal history of school boards because my professor at law school was so boring that I skipped that part of the course,” Lussier said before he began hearing arguments Wednesday. “Instead, I was at the back of the classroom reading Les rois maudits (The Accursed Kings).
“But I should have listened. So this will be a refresher course.”
Last year, Lussier ruled that Bill 40 should be put on hold as it applies to the English boards. He decided a “serious debate” should be held about the “respect for the decision-making autonomy of the English-speaking minority in educational matters.”
The current hearing is the “serious debate” he referred to in the decision he delivered last summer.
The first person to be called to argue Wednesday on behalf of QESBA was Stephen Burke, chairperson of the Central Quebec School Board since 2009.
The board covers 515,000 square kilometres and represents 5,000 students in schools and learning centres in cities and towns including Quebec City, Saguenay, Trois-Rivières, Shawinigan and Thetford Mines.
The area is so vast, Burke said, that whenever he sends a letter to the Quebec government he CCs 27 MNAs for ridings in the board’s territory.
“It’s an enormous territory,” Burke said while answering questions from QESBA lawyer Perri Ravon.
“Our schools are sort of the hub of the community, the heart of the community. Our schools ensure the pursuance of the English communities in all of those regions. So I see myself not only as the chair of our meetings, not only as a representative of the council of commissioners, but also as a defender of the English communities that are in predominantly French areas.”
One example of how a school board works to protect minority rights involved Bill 14, Burke said. The legislation, proposed after the Parti Québécois formed a minority government in 2012, would have taken away the rights of Canadian military personnel from other provinces serving in Quebec to have their children educated in English.
The proposed bill would have affected 700 students in the Central Quebec School Board.
Burke said the board fought hard against the legislation and got 12,000 signatures on a petition to oppose it. The bill was put on the back burner by the PQ government while it was in a minority, and vanished after the PQ lost the 2014 election.
The chairperson also pointed to recent decisions made by the board — including one to close an elementary school in Quebec City and open a new one in Lévis in 2023, significantly reducing the amount of time that 60 per cent of students spend on school buses — as examples of a board addressing the needs of its community.
The plan is to replace the elementary school that will close with a “21st-century high school” in Quebec City.
“That is what school boards and school councils are for,” Burke said. “That is the decision of a council — to see what is best for the future of our students and our communities.”
Quebec will appeal ruling giving English school boards reprieve
"We think Bill 40 is well founded and that we are allowed to change the school boards into service centres," Premier François Legault said Thursday.
QUEBEC — The province will appeal a Superior Court judgment putting Quebec’s plan to change English school boards into service centres on ice.
Premier François Legault made the announcement Thursday at a news conference in La Sarre, in the Abitibi region, where he was meeting with local health officials.
“We’ll contest this judgment,” Legault told reporters when asked about Quebec’s plans regarding the ruling made Monday by Justice Sylvain Lussier.
“We think Bill 40 is well founded and that we are allowed to change the school boards into service centres, especially since anglophones will continue to have elections for members of the board.”
Lussier ruled that the Coalition Avenir Québec government’s plans raised “very serious questions” pertaining to the constitutionality of Bill 40, adopted by the National Assembly in February.
And he ruled the disappearance of English-language school boards would constitute irreparable harm.
His ruling meant that the application of Bill 40 to English school boards was suspended pending a final court ruling on the merits of the case launched by the Quebec English School Boards Association (QESBA) in May.
Quebec education officials confirmed later to the Montreal Gazette that the government will apply for a motion lifting the stay on Tuesday.
The government has argued all along that it believes the bill was on sound constitutional grounds with or without the last-minute compromise it included allowing the English boards to continue holding elections.
French school boards, which did not contest Bill 40, are now called service centres. There are no longer elections for positions on the French service centres’ boards of directors.
On the other hand, QESBA argued the new law does not respect Section 23 of the Canadian Charter of Rights and Freedoms, which gives the English community the right to manage and control its educational institutions.
While the initial reaction of school board officials was to welcome Lussier’s ruling, they fully expected the government to appeal.
When asked about the ruling earlier this week, Education Minister Jean-François Roberge defended the bill.
“We are fully confident that we respect the right of the English community to manage and control their (school) network,” Roberge said. “We will address this (decision) with our lawyers.”
In his 34-page decision, Lussier found QESBA didn’t establish a “clear case of unconstitutionality” in the bill’s clauses, but ruled there’s a “serious debate to have about the respect for the decision-making autonomy of the English-speaking minority in educational matters.”
Court halts Quebec's plan to turn English school boards into service centres
Quebec’s plan to change English school boards into service centres has been put on ice temporarily after a Quebec Superior Court justice ruled that the plan raised “very serious questions” pertaining to the constitutionality of Bill 40.
Quebec’s plan to change English school boards into service centres has been put on ice temporarily after a Quebec Superior Court justice ruled that the plan raised “very serious questions” pertaining to the constitutionality of Bill 40.
Justice Sylvain Lussier also ruled that the disappearance of English-language school boards (and their transformation into English-language school service centres) constituted irreparable harm.
The ruling means that the application of Bill 40 to Quebec’s nine English school boards will be suspended pending a final court ruling on the merits of the case.
The Quebec English School Boards Association had applied for a stay last May.
In his 34-page decision, Lussier found the group didn’t establish a “clear case of unconstitutionality” in the bill’s provisions, but ruled there’s a “serious debate” to have about the “respect for the decision-making autonomy of the English-speaking minority in educational matters.”
“It will also have to be decided,” Lussier wrote, “whether (Bill 40) takes into account and responds to the concerns of the English-speaking minority.”
QESBA executive director Russell Copeman said Monday the group was “delighted” with the ruling.
“Justice Lussier recognized in his ruling that there were serious constitutional arguments that were raised,” Copeman said, “and that going ahead with the implementation of the bill until such a time when the court has ruled on its constitutionality would represent irreparable harm to the applicants.”
The QESBA had argued that the new law does not respect Section 23 of the Canadian Charter of Rights and Freedoms, which gives the English community the right to manage and control its educational institutions.
Bill 40 aims to change school organization and school governance of boards across the province. French school boards did not contest the changes and are now called service centres. There are no longer elections for positions on the French service centres’ board of directors.
Copeman said he was glad Monday’s ruling recognized that a judgment on the constitutionality of the bill is needed before the bill’s provisions are implemented.
“It’s very hard to get the toothpaste back in the tube once you have squeezed it out,” he said. “Our real concern if Bill 40 went ahead, even if we won on the issue of constitutionality many months from now, is that it would be difficult to revert back.”
In a statement, QESBA President Dan Lamoureux said he hopes the Quebec government does not appeal the decision, given that school board elections are scheduled for Nov. 1.
Quebec Education Minister Jean-François Roberge was asked about the decision during a news conference Monday.
“We are fully confident that we respect the right of the English community to manage and control their (school) network,” he said. “We will address this (decision) with our lawyers.”
The Quebec Community Groups Network also applauded the decision. “It’s not just about the substance of our Section 23 rights,” wrote QCGN President Geoffrey Chambers. “The government is constitutionally obligated to consult with our community on the way our schools are managed and controlled. We look forward to further arguments that will demonstrate this legislation infringes on our right to manage and control our school system.”
Jesse Feith contributed to this report.
Judge questions how little the English community was consulted on Bill 40
A lawyer for the Quebec government argued Thursday that Bill 40 improves a minority's rights to education in their language in Quebec.
Quebec's English school boards begin legal challenge of Bill 40
"A clear case of unconstitutionality" and a violation of the rights of English-speaking Quebecers, argues lawyer Audrey Mayrand.
A group representing all nine of Quebec’s English school boards has begun its legal challenge of Bill 40, the legislation adopted this year that abolishes all school boards in the province.
The hearing began Tuesday morning at the Montreal courthouse before Superior Court Justice Sylvain Lussier.
The judge is expected to hear arguments from both sides of the issue over the course of three days this week. The case pits the Quebec English School Boards Association (QESBA) against Quebec’s attorney-general.
The association’s director general, Russell Copeman, and its president, Dan Lamoureux, attended the hearing while more than 20 people were following it remotely by computer at one point Tuesday afternoon. (Limits have been placed on the number of people allowed in a courtroom during the pandemic.)
While the type of decision the QESBA is seeking is commonly referred to as an injunction, Lussier said he was “perturbed” by the use of the word when it comes to seeking action against the government. The judge said the word suggests he might have to have someone arrested. Lawyers from both sides in the case agreed to refer to it instead as an exemption, or a stay, from the legislation.
Under Bill 40, all school boards are to be replaced by “service centres.” The bill was passed in the National Assembly in February after the CAQ government invoked closure and Education Minister Jean-François Roberge made last-minute amendments, including allowing commissioners in the English network to continue to work in their existing roles until Nov. 1.
Quebec’s nine English boards — including Lester B Pearson, English Montreal, Sir Wilfrid Laurier and Eastern Townships — are challenging Bill 40 in court. The boards represent 268 schools and 31 vocational centres.
Perri Ravon, representing the English school boards, was the first lawyer to make arguments Tuesday. She said Bill 40 is “a clear case of unconstitutionality” and a violation of the rights of English-speaking Quebecers as a minority in the province.
“Bill 40 completely transforms who can represent the English speaking community when it comes to minority language education and what powers of management such representatives actually have,” Ravon said.
“In other words, Bill 40 bears directly on the power of management and control that belongs to the English speaking of Quebec by virtue of Section 23” of the Canadian Charter of Rights and Freedoms.
In 2014, the last year school board elections were held in Quebec, more than 270,000 people were on the English school boards electoral lists. Anyone on the electoral lists could run for a position on a school board. This is the same all over Canada, Ravon said, but Bill 40 eliminates 99 per cent of the people who can be part of the service centres that will replace boards.
“This is a clear case of unconstitutionality, if we want to use that language,” she said. “The (Supreme Court of Canada) said the majority cannot be expected to appreciate the complex ways in which education and management impact language and culture. The minority needs to run its own educational institutions and that is an exclusive right and it’s an exclusive power and here (under Bill 40) we have staff members designated to do that.”
Under Bill 40, an English speaking person who wants to be part of the decision-making process in a service centre would have to be a parent of a child in school and would have to have previously sat on a governing board of one of their children’s schools, at least for the first time they are elected to a service centre.
There are currently a maximum of 4,100 positions on governing boards in all of the English language schools in Quebec.
“It might (actually) be as low as 1,100,” Ravon said while emphasizing how few English-speaking Quebecers could potentially run as candidates to be elected to the government’s service centres.
The case is to resume Thursday morning.
Bill 40: English school boards considering a legal challenge
QESBA is awaiting legal advice on whether the education reform adopted in the National Assembly early Saturday morning compromises the English minority community's constitutional right to manage its schools
From: David Amos<david.raymond.amos333@gmail.com>
Date: Tue, Jul 12, 2022 at 11:03 PM
Subject: Re: Hey Palango While you and your RCMP buddies are still playng dumb Perhaps The Mob Reporter and I should talk EH?
To: Adrian Humphreys <mobreporter@gmail.com>
Cc: motomaniac333 <motomaniac333@gmail.com>
Wiretap tapes of the mob etc
On 7/12/22, Adrian Humphreys <mobreporter@gmail.com> wrote:
And what might we talk about, David?
On Tue, Jul 12, 2022 at 12:41 AM David Amos <david.raymond.amos333@gmail.c
From: David Amos <david.raymond.amos333@gmail.c
Date: Tue, 12 Jul 2022 01:41:19 -0300
Subject: Hey Palango While you and your RCMP buddies are still playng
dumb Perhaps The Mob Reporter and I should talk EH?
To: mobreporter@gmail.com, "Brenda.Lucki"
<Brenda.Lucki@rcmp-grc.gc.ca>, "Bill.Hogan"<Bill.Hogan@gnb.ca>,
"Mark.Blakely"<Mark.Blakely@rcmp-grc.gc.ca>, "Marco.Mendicino"
<Marco.Mendicino@parl.gc.ca>, mcu <mcu@justice.gc.ca>, sheilagunnreid
<sheilagunnreid@gmail.com>, "Michelle.Boutin"
<Michelle.Boutin@rcmp-grc.gc.c
<smcculloch@pattersonlaw.ca>, "Pineo, Robert"
<rpineo@pattersonlaw.ca>, NightTimePodcast
<NightTimePodcast@gmail.com>, Newsroom <Newsroom@globeandmail.com>,
Norman Traversy <traversy.n@gmail.com>, pcherry@postmedia.com,
"macpherson.don"<macpherson.don@brunswicknews.
jennifer@halifaxexaminer.ca, Tom.Taggartmla@gmail.com,
jennifer.duggan@rcmp-grc.gc.ca
bmassey@justice.gc.ca, ethics-ethique@rcmp-grc.gc.ca, "blaine.higgs"
<blaine.higgs@gnb.ca>, oldmaison <oldmaison@yahoo.com>, andre
<andre@jafaust.com>, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>
<andrewjdouglas@gmail.com>
Cc: motomaniac333 <motomaniac333@gmail.com>, paulpalango
<paulpalango@protonmail.com>, darren.campbell@rcmp-grc.gc.ca
https://www.youtube.com/watch?
Prison visit with former Quebec Hells Angels boss Maurice "Mom" Boucher
80,485 views
Jun 6, 2018
The Mob Reporter
438K subscribers
NEW: JOIN ME ON PATREON: https://www.patreon.com/TheMob
Here is a portion of former Hells Angels Motorcycle Club boss Maurice
"Mom" Boucher talking to his daughter, during her visit to see him
behind bars, on July 11, 2015. It was presented in court as a formal
exhibit to support charges against him and ordered released. They were
talking in French. En français.
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Please like, share, comment and subscribe. Thanks for watching! -
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Please watch: "History seen through police photos":
https://www.youtube.com/watch?
173 Comments
Kollin011
Kollin011
He’s communicating secretly with sign language. Canadian bikers are
more like a mafia.
Lew Scagnetti
Lew Scagnetti
The guy looks to be in good shape like he's working out ! Also, I was
not aware that Max. security prisons let you wear a watch !! Knowing
Mom Boucher it's probably a Rolex !
Extr eme
Extr eme
you obviously don't know him
Lew Scagnetti
Lew Scagnett
@Extr eme Nor do I want To !@!!
Regular Guy
Regular Guy
He's not in that great of shape. He has throat cancer.
David Amos
David Amos
@Regular Guy He is history now
trad duction
trad duction
My personal translation which may contain mistakes : His daughter
starts by gesturing on her forehead meaning, that he has to think and
take a guess, she is trying to have him guessing a name, so he tried
by stating 3 names. First he says "C'est Renee Levesques ?" She
answers "Non L'autre" ( which means no the other ). To that he answers
some name like " Remy Talbote". And she says "Non non l'affaire que
tu..." ( which means No the business that you...) and she whispers the
rest through silent lipsing which looks like she's saying "RIZZ"
"RIZZ" which could stand for Rizzuto. And then she says "Pas lui" (
meaning Not him ). Then he laughs and guessed it " C'est l'affaire de
Mafia la, Raynald Des! ( which means The Mafria affair, Raynald Des! )
and he stops there because he was going to say Raynald Desjardins but
you'll notice that his daughter says "OKAY" meaning cmon dont start
saying full names here. And he switches it by saying "DesBandes" to
lure the security guards who might have heard him and then she says
"Hein?" which is equivalent to "Huh?" because she still doesn't feel
comfortable with his bad choice of code-words and he switches again
saying "Des Banques" and she repeats "DesBanques" and she laughs, then
he laughs and says "Pas Raymond" which is another code meaning Not
Raymond, which ultimately means Yes Raynald. Then it gets to all kinds
of codes which very much clearly plots to murder. So at 0:37 she asks
" mais tu pense que peut-etre ?" meaning do you think perhaps? and he
answers " d'apres moi il va venir" ( meaning i suppose he will meet up
) and he makes the hand gestures/sign of cut throat or strangling.
Then at 0:47 he says " si il vient !" meaning if he shows up! . And
then she asks "oui mais lui en quoi que lui?" meaning in which reasons
would he. And then she stops and says "pas de mes affaires" meaning
none of my business. And she follows by saying "c'est ma curiosité"
(meaning sorry im just curious ) to which he answers something very
important "on en parlera après" ( he says "après" in a whispering
voice ) which all means "we'll talk about it AFTER" as he multi-hits
his chest with both hands/fingers which seems to implied bullets&chest
as they are both laughing and he overlooks the back door window to
verify if any security caught that one because that was quite a lot
and not very discrete. Then it seems like he wants her to play an
actrice role and create an act with the Mafia as if she is willing to
go against her father as he says "Parceque je préfere que toi, tu sois
capable de dire que t'es contre moi, que contre les autres" Lots of
whispers there again after that but what he clearly says is "I prefer
that you enable yourself to say that you're against me, rather than
you being against TheOthers". And he continue saying Trust me you'll
see that it's better and she laughs saying "yeah but..." ( they both
laugh) Then at 1:12 she smartly replies "Non mais parceque lui il peut
ne pas aimer que..." and she whispers " que je m'engage" which all
means "Yes but no because him he might not like that... I bring myself
in". To which he answers That's why I'm telling you I know someone
whom. "C'est pour ca que je te dis que je connais quelqun qui" and he
gestures at 1:19 some kind of gesture which seems to mean delegate or
replacement. To which she happily says "Ok" and he says "je te
demandais ca en passant" meaning I was just asking you while we're at
it" and she's happy to retort at 1:28 "Puis rendu la je sais plus
rien" meaning "ok so from that point I shall not know anything
further". He answers "C'est ca tu fais juste me dire Oui ou Non c'est
tout la" which means "That's right you just let me know Yes or No and
that all". Then from 1:34 they are referring to the person to whom she
will delegate the task to when she says in code words again "Non mais
moi je sais pas comment lui il reagit a quoi" which means " No but I
dont know how one will react to what" Then it gets serious when he
says "je ne sais pas si c'est son # ou pas" meaning "i dont know if it
will be his # or not" which is a code sentence to say "i dont know if
he will do the job himself or will delegate as well".Then she laughs
out of surprise and at 1:46 he says "parceque lui il va te dire ah peu
etre, tu sais" ( because him, you know, he would tell you ah maybe")
meaning that this one might even tell you maybe I know someone else
whom can do the job, and he says "lui aussi il va te répondre je
connais quelqun ok Oui" ( him too he might say I know somebody ok yes
). At 1:57 "Je connais peut-etre qulequn interessé" ( i might know
someone interested ) and she answers "si ça t'intéresse" ( if that
interests you ) and laughs at the fact that this job will probably go
through many delegations for that one assignment / murder. And then a
very important Rule is covered in the next exchange. The rule of
Untouchable. As he says at 2:00 "mais laisse moi le temps d'y parler
parceque lui il pourra pas! " which translates to "at this point i'll
need the time to talk to him because he wont be able to!" which is the
Rule of not being able to kill a high profile gangster which they call
a Made Man or an Untouchable unless a Boss like Boucher gave the
direct authorization... as you can tell I watch a lot of movies and
documentaries. Then let's jump to 2:10 where she says "mais peut-etre
qu'il m'a donneront pas non plus" meaning "but maybe they might not
allow me neither". And she continues saying "il va faire ok laisse moi
checker ca" meaning "he might say to me ok let me looking into it".
Which is coded again to say "what if they dont let me go through with
that task of delegation and they just answer me Ok let me look into
it". Then he says at 2:17 "il est obilgé" meaning "they can't refuse".
Then she says something fishy which seems as if the fact is she
doesn't want to go through with this assignment and as if she tried to
prepare her father for a non-success as she now says at 2:20 "mais au
moins ca va etre passé" meaning "well at least I would have passed the
message" and THEN you'll notice the calm fire in him at 2:23 as he
stops and stairs at her with heavy breathing which I hope your
speakers can capture and finally after a four seconds of heavy
breathing and silence he says "parceque moi ca me laisse indiférent ca
et je le connais bien moi" meaning "all you just said here leaves
uninterested because I know him well me". And then at 2:35 he does the
cut-throat gesture again saying "so many things happened that I dont
care anymore" ( il m'est arrivé tellement d'affaires que ca me fait
boff ) and she answers with a fake smile "tu t'en christ" which means
"you dont give a christ fck anymore" and he stairs at her straight in
the eyes saying "n'importe qui, toute mes supposés" which means "i
dont care about anybody and all of my supposedly" ( all my supposedly
soldiers, allies, friends, family members ) and he stairs at her
silently breathing hard and sadly she gets the message. And he looks
at his watch and excuses himself and she fakes laughs and fake jokes
and rest is history. - Rudy
The Mob Reporter
The Mob Reporter
Wow, well done. Thank you!
trad duction
trad duction
@The Mob Reporter Pleasure! Too bad I was two years late to view
that great vid. Thanks to you too for sharing this very very
interesting upload!
David Amos
David Amos
@The Mob Reporter Perhaps we should talk
https://www.youtube.com/watch?
Maurice « Mom » Boucher meurt à 69 ans
20,804 views
Jul 10, 2022
Radio-Canada Info
512K subscribers
L'ancien membre influent des Hells Angels Maurice Boucher, mieux connu
sous le surnom de « Mom », est mort dimanche (10 juillet 2022) à l'âge
de 69 ans d'un cancer de la gorge. Le récit de Marie-Josée Paquette
Comeau Notre article sur le sujet : http://rc.ca/STgWfV
https://montrealgazette.com/n
'Mom' Boucher gets new 10-year sentence, daughter to serve house arrest
"All is good," said Boucher before the sentencing. The former Hells
Angel is already serving three life sentences related to the murders
of two prison guards and the attempted murder of another.
Author of the article:
Paul Cherry • Montreal Gazette
Publishing date:
May 11, 2018
An artist rendering of Maurice (Mom) Boucher at the Gouin Courthouse
in Montreal, on Friday, May 11, 2018. An artist rendering of Maurice
(Mom) Boucher at the Gouin Courthouse in Montreal, on Friday, May 11,
2018. Photo by Mike McLaughlin /MONTREAL GAZETTE
Maurice (Mom) Boucher was sentenced to a 10-year prison term on Friday
for his leading role in a plot to murder Raynald Desjardins, an
influential figure in the Montreal Mafia.
The sentence was part of a common suggestion presented to Superior
Court Justice Éric Downs at the Gouin courthouse in northern Montreal
by defence lawyer Mathieu Poissant and prosecutor Matthew Ferguson.
“All is good,” Boucher said when asked by Downs if he had anything to
say before he officially sentenced him.
Boucher, a former member of the Hells Angels, is already serving three
life sentences for having issued orders that led to the murders of two
prison guards and the attempted murder of another in 1997.
“Institutions (like penitentiaries) are not law-free zones,” Downs
said in reference to how Boucher hatched the plot while he was in a
federal penitentiary and Desjardins was waiting to be transferred to
one. The judge also criticized Boucher for having “manipulated” his
then-pregnant daughter, Alexandra Mongeau, to serve as his messenger.
Ferguson later told reporters while Boucher, 64, is already serving
life sentences, the 10-year prison term he received on Friday could
push the parole eligibility date beyond the 25 years he already is
required to serve before he becomes eligible for full parole.
Alexandra Mongeau, the daughter of Maurice (Mom) Boucher, leaves the
courtroom after her hearing at the Gouin Courthouse on Friday, where
she pleaded guilty to being in possession of the proceeds of
crime.Alexandra Mongeau, the daughter of Maurice (Mom) Boucher, leaves
the courtroom after her hearing at the Gouin Courthouse on Friday,
where she pleaded guilty to being in possession of the proceeds of
crime. Photo by Peter McCabe /MONTREAL GAZETTE
During the same hearing, Mongeau, 28, pleaded guilty to being in
possession of the proceeds of crime.
According to a summary of facts read into the court record, Mongeau
was being paid a cut (referred to as rent or taxes) of the profits on
drugs sold in the Mercier-Hochelaga-Maisonneuve borough between 2011
and 2015. Her cut worked out to $1,000 per month and came from
traffickers who sold drugs like cocaine in neighbourhoods her father
ruled over when he was clearly the leader of the Hells Angels in
Montreal during the 1990s.
The investigation revealed that Mongeau worked for her allowance. She
acted as a messenger between the drug trafficking network in
Hochelaga-Maisonneuve and her father while he was behind bars. It was
an indication that even though he has been incarcerated since 2002,
Boucher still has influence on drug trafficking in parts of the city.
The investigation also demonstrated that Mongeau wasn’t just a
messenger. Beginning in November 2014, the police noticed a man tied
to the network was holding cash for the Hells Angels. Drug dealers
would drop bags of money off and, on Fridays, Mongeau would pick up
the money. She paid the man $1,000 each time she picked up the money.
Investigators believe between $100,000 and $160,000 was collected by
Mongeau on a weekly basis. When the police executed a search warrant
at the apartment, in February 2015, they found two bags with a total
of more than $60,000 in them.
Based on a common suggestion from defence lawyer Anne-Sophie Bedard
and Ferguson, Downs agreed to a 21-month sentence Mongeau can serve in
the community. The first six months of the sentence will be served as
house arrest.
During the house arrest, she will only be allowed to leave her home
for work or to attend classes. Bedard told Downs that Mongeau recently
completed studies to obtain her high school diploma. During weekends,
she will have a brief window of freedom to allow her to shop for
necessities like food.
She was also ordered to not communicate with many of the people she
was arrested with in November 2015. She can only communicate with her
father by courier and any letters she sends him can be read by
authorities at the federal penitentiary where Boucher is serving time.
As part of the same hearing, Mongeau was acquitted on charges she
faced related to the plot to murder Desjardins. Boucher recently
pleaded guilty to leading the conspiracy. He wanted to have Desjardins
killed once he was transferred from a provincial detention centre in
Montreal to a federal penitentiary in Ste-Anne-des-Plaines.
At the time, Desjardins was awaiting his sentence for his leading role
in the plot to murder Mafioso Salvatore Montagna.
Mongeau was acquitted in that case even though the prosecution had
evidence she acted as her father’s messenger when he wanted to know if
someone on the outside was willing to give him the green light to have
Desjardins killed. According to a summary of facts entered into the
court record when Boucher pleaded guilty last month, his daughter
visited him at a penitentiary, on July 26, 2015, and passed on the key
message from the person on the outside.
“Yes. Euh, he said yes, do it,” Mongeau was recorded telling Boucher.
The rest of the conversation revealed that Mongeau appeared to be
confused over where Desjardins was supposed to be killed.
“Certainly there … I don’t know,” Mongeau said at one point while
apparently revealing she didn’t even know whether Desjardins had been
transferred.
Prosecutor Matthew Ferguson speaks to journalists after the trial of
of Maurice (Mom) Boucher at the Gouin Courthouse in Montreal on
Friday, May 11, 2018.Prosecutor Matthew Ferguson speaks to journalists
after the trial of of Maurice (Mom) Boucher at the Gouin Courthouse in
Montreal on Friday, May 11, 2018. Photo by Peter McCabe /MONTREAL
GAZETTE
Ferguson told reporters the Crown will not comment on why it decided
to no longer prosecute Mongeau for the murder conspiracy.
When the hearing was almost over on Friday, Boucher stood up in the
prisoner’s dock and waited for his daughter to look toward him. When
she noticed him, Boucher made hand gestures indicating he approved of
how she has lost a considerable amount of weight in recent months. He
gave her an enthusiastic thumbs up with both hands.
pcherry@postmedia.com
>>> ---------- Original message ----------
>>> From: Justice Website <JUSTWEB@novascotia.ca>
>>> Date: Mon, 18 Sep 2017 14:21:11 +0000
>>> Subject: Emails to Department of Justice and Province of Nova Scotia
>>> To: "motomaniac333@gmail.com"<motomaniac333@gmail.com>
>>>
>>> Mr. Amos,
>>> We acknowledge receipt of your recent emails to the Deputy Minister of
>>> Justice and lawyers within the Legal Services Division of the
>>> Department of Justice respecting a possible claim against the Province
>>> of Nova Scotia. Service of any documents respecting a legal claim
>>> against the Province of Nova Scotia may be served on the Attorney
>>> General at 1690 Hollis Street, Halifax, NS. Please note that we will
>>> not be responding to further emails on this matter.
>>>
>>> Department of Justice
>>>
>>>
>>>
>>> ---------- Original message ----------
>>> From: David Amos motomaniac333@gmail.com
>>> Date: Tue, 13 Jun 2017 15:16:38 -0400
>>> Subject: Attn Laura Lee Langley, Karen Hudson and Joanne Munro I just
>>> called all three of your offices to inform you of my next lawsuit
>>> against Nova Scotia
>>> To: LauraLee.Langley@novascotia.ca
>>> Joanne.Munro@novascotia.ca
>>> Cc: David Amos david.raymond.amos@gmail.com
>>>
>>> https://novascotia.ca/exec_cou
>>>
>>> https://novascotia.ca/exec_cou
>>>
>>> Laura Lee Langley
>>> 1700 Granville Street, 5th Floor
>>> One Government Place
>>> Halifax, Nova Scotia B3J 1X5
>>> Phone: (902) 424-8940
>>> Fax: (902) 424-0667
>>> Email: LauraLee.Langley@novascotia.ca
>>>
>>> https://novascotia.ca/just/dep
>>>
>>> Karen Hudson Q.C.
>>> 1690 Hollis Street, 7th Floor
>>> Joseph Howe Building
>>> Halifax, NS B3J 3J9
>>> Phone: (902) 424-4223
>>> Fax: (902) 424-0510
>>> Email: Karen.Hudson@novascotia.ca
>>>
>>> https://novascotia.ca/sns/ceo.
>>>
>>> Joanne Munro:
>>> 1505 Barrington Street, 14-South
>>> Maritime Centre
>>> Halifax, Nova Scotia B3J 3K5
>>> Phone: (902) 424-4089
>>> Fax: (902) 424-5510
>>> Email: Joanne.Munro@novascotia.ca
>>>
>>> If you don't wish to speak to me before I begin litigation then I
>>> suspect the Integrity Commissioner New Brunswick or the Federal Crown
>>> Counsel can explain the email below and the documents hereto attached
>>> to you and your Premier etc.
>>>
>>> Veritas Vincit
>>> David Raymond Amos
>>> 902 800 0369
>>>
>>>
>>> ---------- Forwarded message ----------
>>> From: David Amos motomaniac333@gmail.com
>>> Date: Mon, 12 Jun 2017 09:32:09 -0400
>>> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
>>> To: coi@gnb.ca
>>> Cc: david.raymond.amos@gmail.com
>>>
>>> Good Day Sir
>>>
>>> After I heard you speak on CBC I called your office again and managed
>>> to speak to one of your staff for the first time
>>>
>>> Please find attached the documents I promised to send to the lady who
>>> answered the phone this morning. Please notice that not after the Sgt
>>> at Arms took the documents destined to your office his pal Tanker
>>> Malley barred me in writing with an "English" only document.
>>>
>>> These are the hearings and the dockets in Federal Court that I
>>> suggested that you study closely.
>>>
>>> This is the docket in Federal Court
>>>
>>> http://cas-cdc-www02.cas-satj.
>>>
>>> These are digital recordings of the last three hearings
>>>
>>> Dec 14th https://archive.org/details/Ba
>>>
>>> January 11th, 2016 https://archive.org/details/Ja
>>>
>>> April 3rd, 2017
>>>
>>> https://archive.org/details/Ap
>>>
>>>
>>> This is the docket in the Federal Court of Appeal
>>>
>>> http://cas-cdc-www02.cas-satj.
>>>
>>>
>>> The only hearing thus far
>>>
>>> May 24th, 2017
>>>
>>> https://archive.org/details/Ma
>>>
>>>
>>> This Judge understnds the meaning of the word Integrity
>>>
>>> Date: 20151223
>>>
>>> Docket: T-1557-15
>>>
>>> Fredericton, New Brunswick, December 23, 2015
>>>
>>> PRESENT: The Honourable Mr. Justice Bell
>>>
>>> BETWEEN:
>>>
>>> DAVID RAYMOND AMOS
>>>
>>> Plaintiff
>>>
>>> and
>>>
>>> HER MAJESTY THE QUEEN
>>>
>>> Defendant
>>>
>>> ORDER
>>>
>>> (Delivered orally from the Bench in Fredericton, New Brunswick, on
>>> December 14, 2015)
>>>
>>> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
>>> the Federal Courts Rules (SOR/98-106), from an Order made on November
>>> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
>>> in its entirety.
>>>
>>> At the outset of the hearing, the Plaintiff brought to my attention a
>>> letter dated September 10, 2004, which he sent to me, in my then
>>> capacity as Past President of the New Brunswick Branch of the Canadian
>>> Bar Association, and the then President of the Branch, Kathleen Quigg,
>>> (now a Justice of the New Brunswick Court of Appeal). In that letter
>>> he stated:
>>>
>>> As for your past President, Mr. Bell, may I suggest that you check the
>>> work of Frank McKenna before I sue your entire law firm including you.
>>> You are your brother’s keeper.
>>>
>>> Frank McKenna is the former Premier of New Brunswick and a former
>>> colleague of mine at the law firm of McInnes Cooper. In addition to
>>> expressing an intention to sue me, the Plaintiff refers to a number of
>>> people in his Motion Record who he appears to contend may be witnesses
>>> or potential parties to be added. Those individuals who are known to
>>> me personally, include, but are not limited to the former Prime
>>> Minister of Canada, The Right Honourable Stephen Harper; former
>>> Attorney General of Canada and now a Justice of the Manitoba Court of
>>> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
>>> former Director of Policing Services, the late Grant Garneau; former
>>> Chief of the Fredericton Police Force, Barry McKnight; former Staff
>>> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
>>> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
>>> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
>>> Police.
>>>
>>> In the circumstances, given the threat in 2004 to sue me in my
>>> personal capacity and my past and present relationship with many
>>> potential witnesses and/or potential parties to the litigation, I am
>>> of the view there would be a reasonable apprehension of bias should I
>>> hear this motion. See Justice de Grandpré’s dissenting judgment in
>>> Committee for Justice and Liberty et al v National Energy Board et al,
>>> [1978] 1 SCR 369 at p 394 for the applicable test regarding
>>> allegations of bias. In the circumstances, although neither party has
>>> requested I recuse myself, I consider it appropriate that I do so.
>>>
>>>
>>> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
>>> the Court schedule another date for the hearing of the motion. There
>>> is no order as to costs.
>>>
>>> “B. Richard Bell”
>>> Judge
>>>
>>>
>>> Below after the CBC article about your concerns (I made one comment
>>> already) you will find the text of just two of many emails I had sent
>>> to your office over the years since I first visited it in 2006.
>>>
>>> I noticed that on July 30, 2009, he was appointed to the the Court
>>> Martial Appeal Court of Canada Perhaps you should scroll to the
>>> bottom of this email ASAP and read the entire Paragraph 83 of my
>>> lawsuit now before the Federal Court of Canada?
>>>
>>> "FYI This is the text of the lawsuit that should interest Trudeau the
>>> most
>>>
>>> http://davidraymondamos3.blogs
>>>
>>> 83 The Plaintiff states that now that Canada is involved in more war
>>> in Iraq again it did not serve Canadian interests and reputation to
>>> allow Barry Winters to publish the following words three times over
>>> five years after he began his bragging:
>>>
>>> January 13, 2015
>>> This Is Just AS Relevant Now As When I wrote It During The Debate
>>>
>>> December 8, 2014
>>> Why Canada Stood Tall!
>>>
>>> Friday, October 3, 2014
>>> Little David Amos’ “True History Of War” Canadian Airstrikes And
>>> Stupid Justin Trudeau?
>>>
>>>
>>> Vertias Vincit
>>> David Raymond Amos
>>> 902 800 0369
>>>
>>> P.S. Whereas this CBC article is about your opinion of the actions of
>>> the latest Minister Of Health trust that Mr Boudreau and the CBC have
>>> had my files for many years and the last thing they are is ethical.
>>> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>>>
>>> Subject:
>>> Date: Tue, 30 Jan 2007 12:02:35 -0400
>>> From: "Murphy, Michael B. \(DH/MS\)"MichaelB.Murphy@gnb.ca
>>> To: motomaniac_02186@yahoo.com
>>>
>>> January 30, 2007
>>>
>>> WITHOUT PREJUDICE
>>>
>>> Mr. David Amos
>>>
>>> Dear Mr. Amos:
>>>
>>> This will acknowledge receipt of a copy of your e-mail of December 29,
>>> 2006 to Corporal Warren McBeath of the RCMP.
>>>
>>> Because of the nature of the allegations made in your message, I have
>>> taken the measure of forwarding a copy to Assistant Commissioner Steve
>>> Graham of the RCMP “J” Division in Fredericton.
>>>
>>> Sincerely,
>>>
>>> Honourable Michael B. Murphy
>>> Minister of Health
>>>
>>> CM/cb
>>>
>>>
>>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>>>
>>> Date: Fri, 29 Dec 2006 17:34:53 -0500
>>> From: "Warren McBeath"warren.mcbeath@rcmp-grc.gc.ca
>>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
>>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
>>> motomaniac_02186@yahoo.com
>>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.Fo
>>> Oda.B@parl.gc.ca,"Bev BUSSON"bev.busson@rcmp-grc.gc.ca,
>>> "Paul Dube"PAUL.DUBE@rcmp-grc.gc.ca
>>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
>>> forgotten me but the crooks within the RCMP have not
>>>
>>> Dear Mr. Amos,
>>>
>>> Thank you for your follow up e-mail to me today. I was on days off
>>> over the holidays and returned to work this evening. Rest assured I
>>> was not ignoring or procrastinating to respond to your concerns.
>>>
>>> As your attachment sent today refers from Premier Graham, our position
>>> is clear on your dead calf issue: Our forensic labs do not process
>>> testing on animals in cases such as yours, they are referred to the
>>> Atlantic Veterinary College in Charlottetown who can provide these
>>> services. If you do not choose to utilize their expertise in this
>>> instance, then that is your decision and nothing more can be done.
>>>
>>> As for your other concerns regarding the US Government, false
>>> imprisonment and Federal Court Dates in the US, etc... it is clear
>>> that Federal authorities are aware of your concerns both in Canada
>>> the US. These issues do not fall into the purvue of Detachment
>>> and policing in Petitcodiac, NB.
>>>
>>> It was indeed an interesting and informative conversation we had on
>>> December 23rd, and I wish you well in all of your future endeavors.
>>>
>>> Sincerely,
>>>
>>> Warren McBeath, Cpl.
>>> GRC Caledonia RCMP
>>> Traffic Services NCO
>>> Ph: (506) 387-2222
>>> Fax: (506) 387-4622
>>> E-mail warren.mcbeath@rcmp-grc.gc.ca
>>>
>>>
>>> http://www.archive.org/details
>>>
>>> http://www.archive.org/details
>>>
>>>
>>> FEDERAL EXPRES February 7, 2006
>>> Senator Arlen Specter
>>> United States Senate
>>> Committee on the Judiciary
>>> 224 Dirksen Senate Office Building
>>> Washington, DC 20510
>>>
>>> Dear Mr. Specter:
>>>
>>> I have been asked to forward the enclosed tapes to you from a man
>>> named, David Amos, a Canadian citizen, in connection with the matters
>>> raised in the attached letter. Mr. Amos has represented to me that
>>> these are illegal FBI wire tap tapes. I believe Mr. Amos has been in
>>> contact
>>> with you about this previously.
>>>
>>> Very truly yours,
>>> Barry A. Bachrach
>>> Direct telephone: (508) 926-3403
>>> Direct facsimile: (508) 929-3003
>>> Email: bbachrach@bowditch.com
>>>
>>>
>>>
>>> Alexandre Deschênes, Q.C.,
>>> Office of the Integrity Commissioner
>>> Edgecombe House, 736 King Street
>>> Fredericton, N.B. CANADA E3B 5H1
>>> tel.: 506-457-7890
>>> fax: 506-444-5224
>>> e-mail:coi@gnb.ca
>>>
>>> Hon. Alexandre Deschênes, Q.C.
>>> Integrity Commissioner
>>>
>>> Hon. Alexandre Deschênes, Q.C., who resides in Bathurst, N.B., is a
>>> native of Kedgwick, N.B., and is married to Huguette (Savoie)
>>> Deschênes. They have two sons.
>>>
>>> He studied at Saint-Joseph University (now Université de Moncton) from
>>> 1960 to 1962, University of Ottawa from 1962-1965 (B.A.), and
>>> University of New Brunswick (LL.B., 1968). He was admitted to the Law
>>> Society of New Brunswick in 1968. He was legal counsel to the
>>> Department of Justice in Fredericton from 1968 to 1971. He was in
>>> private practice from 1972 to 1982 and specialized in civil litigation
>>> as a partner in the law firm of Michaud, Leblanc, Robichaud, and
>>> Deschênes. While residing in Shediac, N.B., he served on town council
>>> and became the first president of the South East Economic Commission.
>>> He is a past president of the Richelieu Club in Shediac.
>>>
>>> In 1982, he was appointed a judge of the Court of Queen’s Bench of New
>>> Brunswick and of the Court of Appeal of New Brunswick in 2000.
>>>
>>> On July 30, 2009, he was appointed to the Court Martial Appeal Court of
>>> Canada.
>>>
>>> While on the Court of Appeal of New Brunswick, he was appointed
>>> President of the provincial Judicial Council and in 2012 Chairperson
>>> of the Federal Electoral Boundaries Commission for the Province of New
>>> Brunswick for the 2015 federal election.
>>>
>>> He was appointed Conflict of Interest Commissioner in December 2016
>>> and became New Brunswick’s first Integrity Commissioner on December
>>> 16, 2016 with responsibilities for conflict of interest issues related
>>> to Members of the Legislative Assembly. As of April 1, 2017 he
>>> supervises lobbyists of public office holders under the Lobbyists’
>>> Registration Act.
>>>
>>> As of September 1, 2017, he will be assuming the functions presently
>>> held by the Access to Information and Privacy Commissioner.
>>>
>>>
>>>
>>> ---------- Original message ----------
>>> From: Póstur FOR <postur@for.is>
>>> Date: Mon, 4 Apr 2016 22:05:47 +0000
>>> Subject: Re: Hey Premier Gallant please inform the questionable
>>> parliamentarian Birigtta Jonsdottir that although NB is a small "Have
>>> Not" province at least we have twice the population of Iceland and
>>> that not all of us are as dumb as she and her Prime Minister pretends
>>> to be..
>>> To: David Amos <motomaniac333@gmail.com>
>>>
>>>
>>> Erindi þitt hefur verið móttekið / Your request has been received
>>>
>>> Kveðja / Best regards
>>> Forsætisráðuneytið / Prime Minister's Office
>>>
>>>
>>> ---------- Original message ----------
>>> From: Póstur IRR <postur@irr.is>
>>> Date: Mon, 4 Apr 2016 22:05:47 +0000
>>> Subject: Re: Hey Premier Gallant please inform the questionable
>>> parliamentarian Birigtta Jonsdottir that although NB is a small "Have
>>> Not" province at least we have twice the population of Iceland and
>>> that not all of us are as dumb as she and her Prime Minister pretends
>>> to be..
>>> To: David Amos <motomaniac333@gmail.com>
>>>
>>>
>>> Erindi þitt hefur verið móttekið. / Your request has been received.
>>>
>>> Kveðja / Best regards
>>> Innanríkisráðuneytið / Ministry of the Interior
>>>
>>>
>>> ---------- Forwarded message ----------
>>> From: "Gallant, Premier Brian (PO/CPM)"<Brian.Gallant@gnb.ca>
>>> Date: Mon, 4 Apr 2016 21:39:17 +0000
>>> Subject: RE: After crossing paths with them bigtime in 2004 Davey Baby
>>> Coon and his many Green Meanie and Fake Left cohorts know why I won't
>>> hold my breath waiting for them to act with any semblance of integrity
>>> now N'esy Pas Chucky Leblanc??
>>> To: David Amos <motomaniac333@gmail.com>
>>>
>>> Thank you for writing to the Premier of New Brunswick.
>>> Please be assured that your email has been received, will be reviewed,
>>> and a response will be forthcoming.
>>> Once again, thank you for taking the time to write.
>>>
>>> Merci d'avoir communiqué avec le premier ministre du Nouveau-Brunswick.
>>> Soyez assuré que votre courriel a bien été reçu, qu'il sera examiné
>>> et qu'une réponse vous sera acheminée.
>>> Merci encore d'avoir pris de temps de nous écrire.
>>>
>>> Sincerely, / Sincèrement,
>>> Mallory Fowler
>>> Corespondence Manager / Gestionnaire de la correspondance
>>> Office of the Premier / Cabinet du premier ministre
>>>
>>>
Judge limits law requiring English criminal verdicts in Quebec be translated
Quebec Court Judge Dennis Galiatsatos questions the possible solution of using AI and how the "language of Shakespeare might be translated to the language of Molière by way of R2-D2."
A Quebec Court judge has ruled that a change to the province’s French Language Charter, scheduled to take effect on June 1, “cannot apply to criminal proceedings in Quebec.”
Judge Dennis Galiatsatos is scheduled to hear a criminal trial soon that will be held in English. Christine Pryde, 32, a West Island resident, is charged with dangerous driving, impaired driving and criminal negligence causing the death of cyclist Irène Dehem on May 18, 2021. According to the decision, the Crown is expected to allege that Pryde knew she was too tired to drive and had taken anxiety medication before she got behind the wheel of her Hyundai Accent.
The judge anticipates having to deliver a detailed decision in English and pointed out in the past that, if he were to follow the upcoming change to the language charter, having a French translation prepared by court services to be delivered at the same time as the one he prepares in English will create a lengthy delay. This will open a door for the accused to argue she waited too long for her case to end.
“The court concludes that the words ‘immediately and without delay’ in Section 10 of the Charter of the French Language are incompatible with the operation of criminal procedure, which is a federal jurisdiction,” Galiatsatos wrote, adding the change is also “incompatible with the absolute language rights” provided by the Criminal Code of Canada.
“No matter what the ultimate outcome will be in the case at bar (not guilty verdict, guilty verdict or other disposition) the amendment will require this court to file a French translated copy of its original English judgment on the same day of delivery.”
In Quebec City, Justice Minister Simon Jolin-Barrette said Tuesday the Quebec government will appeal Galiatsatos’s decision, saying it “makes no sense.”
Galiatsatos heard arguments on the matter from Quebec’s attorney general and the federal government. His decision suggests that, despite having two years to prepare, the Quebec government is still not able to handle the volume of translations that will be required to meet the demands of the change in the charter.
The position of the Directeur des poursuites criminelles et pénales (DPCP) is that any judge can deliver an oral decision with reasons to follow in writing in both languages, with the state taking all the time it needs to produce an accurate translation. Galiatsatos countered that a written decision explaining the reasons behind a judgment is required if one party wishes to file an appeal within the standard 30-day limit.
“With great respect, this proposed solution is artificial, unworkable and inappropriate. It is a desperate patchwork solution that simply underscores how problematic the situation actually is,” wrote Galiatsatos, a former member of the DPCP who successfully prosecuted Richard Henry Bain for his attack on the Parti Québécois’s 2012 election victory celebration at a concert hall.
“No matter the underlying motivation here, it is disconcerting that the DPCP has endorsed a position whose net effect is to treat English accused differently from French accused. That is hardly a proper method to foster public trust in the supposedly independent prosecution service.”
One suggestion from the provincial government is that translations could be handled by artificial intelligence.
“Deep in the schedules to the second affidavit, the attorney general’s materials allude to ‘translation tools’ and artificial intelligence that could hopefully streamline the translation process and make it quick and efficient. Software and artificial intelligence to translate the carefully chosen, carefully crafted words, expressions, terms of art and legal standards that a judge meticulously ponders during the drafting process. The language of Shakespeare might be translated to the language of Molière by way of R2-D2,” the judge wrote in his 34-page decision.
“Of course, that is the government’s prerogative. Whether that is a good or bad idea is not for the court to decide. Whether this will render legal translators obsolete cannot be the court’s concern. The government is free to opine: If artificial intelligence can write simulations of Drake and Taylor Swift songs, it must be able to accurately translate legal decisions dealing with citizens’ liberty interests, right?”
The provincial government has also proposed hiring translators from outside the justice system to help carry the additional load that is expected. Galiatsatos argued a draft judgment, “until the exact moment it is publicly filed in open court, must remain extremely confidential, privileged and protected. A draft judgment is never to be passed around.”
Jolin-Barrette announced immediately that the government will appeal the judge’s ruling.
“We received a very particular ruling last week from the Quebec Court,” Jolin-Barrette told reporters. “I can inform you that the government of Quebec will appeal this ruling.”
He noted that neither of the parties involved in the case were challenging the law. It was the judge himself who raised it as a constitutional issue, he noted.
“That in itself is unheard of,” Jolin-Barrette said. “Even the defence on this file did not want the question dealt with. This judgement makes no sense.”
He insisted Section 10 is no way discriminatory and “is not intended to delay things.”
“It is important that Quebecers be able to hear, understand and read the rulings of the Quebec courts. The language of justice in Quebec is French.”
He added the legal system works this way at the Supreme Court of Canada and in New Brunswick.
“We don’t object to rendering a ruling in English. We just say if you decide to write it in English, you have to also have to write it in French. So you have to have a translation. All the population has the right to know what’s in the judgement.”
Jean-François Roberge, the Minister Responsible for the French Language, made similar remarks, calling the ruling “surprising.”
“I think there were factual errors in the ruling,” Roberge told reporters. “It’s just normal in Quebec that rulings be rendered in French. Most of the time they are, but when they are rendered in English they have to be available at the same time in French.”
Pryde’s trial is scheduled to begin on June 3.
Philip Authier of The Gazette contributed to this report.
French Language Charter amendment might create 'undue delays' in English trial
"It is as basic as it gets," the judge wrote about the possible impact on how the amendment can affect day-to-day operations at the courthouse.
A Quebec Court judge has ruled he will have to make a decision on whether an amendment to the French Language Charter that applies to criminal trials held in English is constitutional because it might jeopardize a trial set to start in June at the Montreal courthouse.
The case involves Christine Pryde, a 32-year-old Île-Bizard resident charged with impaired driving causing the death of Irène Dehem, a cyclist and mother of three who was struck by a vehicle on May 18, 2021 while riding on l’Anse-à-l’Orme Rd. in Pierrefonds. Pryde is also charged with dangerous driving and criminal negligence causing death.
In a decision delivered Wednesday, Judge Dennis Galiatsatos wrote because it will be a significant trial, he expects to deliver his decision in writing after hearing the evidence over the course of two weeks in June. He also describes how an amendment made to the French Language Charter in 2022 will take effect on June 1. It requires that all judges in Quebec deliver a French translation of all decisions made in English at the same time.
Galiatsatos wrote that before the trial starts, he will “decide the question of the constitutional validity” of the amendment and asked the attorneys general of Quebec and Canada to file their positions on the matter to him by May 14.
“The court remains open-minded and keenly awaits the arguments and perspective of both attorneys general on these issues, which will undoubtedly be enlightening and very useful to the analysis. After all, one can assume that the amendment was not enacted hastily on impulse,” the judge wrote. “It is obvious that the provincial legislature already placed great thought into the jurisdictional issue and on the amendment’s implication on the day-to-day operation of the criminal law in the Greater Montreal area.”
According to the decision, the attorney general of Quebec’s position so far has been to argue that Galiatsatos should not have raised the issue on his own and that it should have been brought up by the defence.
“To be abundantly clear, the amendment impacts how and when a judgment may be rendered by a criminal division provincial court judge at the end of a trial. This is no collateral detail. It is as basic as it gets,” the judge wrote. “It goes to one of the judge’s core functions, exercised almost weekly. This is far from a purely intellectual exercise being raised out of caprice or boredom. With great respect, it is surprising that the Quebec attorney general’s office objects to the judge raising the issue. It is akin to opening a shoe store and then recoiling at the fact that a customer would dare discuss how shoelaces are tied.
“It involves the basic functioning of the criminal process in every single English trial.”
Galiatsatos wrote that a French translation of his English decision — a long process carefully prepared by court services — cannot be produced soon after the trial ends. His decision raises concerns over whether a translation will generate “undue delays” and open a door to the defence seeking a stay of proceedings on the charges.
Pryde made her first court appearance in the case on March 30, 2022. Years ago, the Supreme Court of Canada determined that an accused should not have to wait more than 18 months for their case to go to trial in provincial court and no more than 30 months in Superior Court. Pryde’s trial is scheduled to be held in provincial court.
Judges have the option of delivering a decision orally in court and producing the written explanations at a later date, but Galiatsatos feels his decision will have to be in writing. Lawyers on both sides of the case will have to make choices — for example, a potential appeal — based on what is in Galiatsatos’s decision.
“This would imply that Mrs. Pryde, the Crown and Irène Dehem’s family will all have to wait several additional weeks or months (the latter being more likely than the former) to receive the final judgment, even though it will be ready long before that, sitting on a shelf while we await a translation by the court services, which will then need to be reviewed, corrected and approved,” the judge wrote.
He also noted that, so far, no other judge in Quebec has ruled on the amendment to the French Language Charter as it applies to decisions that have to be translated into French, even if the person charged requested a trial in English.