As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the Government of Canada table a bill during the 42^nd Parliament guaranteeing that bilingual judges are appointed to the Supreme Court of Canada.

Recommendation 2

That, pursuant to recommendation 1, the Government amend subsection 16(1) of the Official Languages Act so that the requirement to be able to understand both official languages also applies to judges of the Supreme Court of Canada.

Recommendation 3

That the Government amend the Judges Act by adding the following after section 3:

Bilingualism — designation of positions

4(1) A position designated bilingual by the attorney general of the province must be filled by a person who, in addition to meeting the criteria set out in section 3, is able to speak and understand both official languages in accordance with the standards to be developed by the Office of the Commissioner for Federal Judicial Affairs.

Bilingualism — appointment of bilingual judges

(2) The chief justice of the superior court of the province may ask that a position be filled by a person who, in addition to meeting the criteria set out in section 3, is able to speak and understand both official languages.

Mandate

(3) The Office of the Commissioner for Federal Judicial Affairs shall evaluate the person’s level of proficiency in both official languages.

Recommendation 4

That the Office of the Commissioner for Federal Judicial Affairs explore existing Canadian resources, such as KortoJura, to develop a language proficiency test and a scale to evaluate the language skills of candidates for appointment to the federal judiciary and the Supreme Court.

Recommendation 5

That the Department of Justice implement directions 1 and 2 and the initiatives proposed by the Réseau national de formation en justice in its report, Giving True Meaning to Equality: A New Approach to Standardization, Training and the Development of Legal and Jurilinguistic Tools to Ensure Equal Access to Justice in Both Official Languages.

Recommendation 6

That the Department of Justice expand the scope of its support programs for access to justice in both official languages by ensuring that Canadians who enter into divorce proceedings are heard in the official language of their choice throughout the process, regardless of the place where the proceedings take place.

Recommendation 7

That the Department of Justice encourage the translation of more judgments of jurisprudential interest pertaining to areas of federal law from superior courts and provincial and territorial appellate courts.

Recommendation 8

That the Department of Justice ensure that official language minority communities:

(a) have the capacity to intervene in matters of access to justice in both official languages in terms of both claims and legal training and information;

(b) are represented on every judicial advisory committee.

Recommendation 9

(a) That the Government of Canada take the necessary steps to set out the criteria for “decisions that must be made available simultaneously” within the meaning of section 20 of the Official Languages Act and the language obligations that apply to the language of federal court decisions posted on their websites.

(b) That the chief justices of the various jurisdictions choose what judgments to publish in both official languages based on criteria to be set out.

Recommendation 10

That the Government of Canada evaluate the needs of the Court Challenges Program, specifically the component on the clarification of official language rights, and increase its budget, if necessary.