Quebec judge didn't have power to strike down part of language law, appeal court rules

Montreal Gazette

09-06-2025

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A Quebec Court judge did not have the authority to strike down a section of the province's language law before issuing a ruling exclusively in English, the Court of Appeal has ruled.
In May 2024, Judge Dennis Galiatsatos found that a section of Quebec's language law, which would require judges who issue rulings in English to accompany them with a French translation 'immediately and without delay,' could not apply to criminal trials in the province.
The provincial government appealed that decision.
The province's highest court sided with the Quebec government, and ruled that Galiatsatos didn't have the authority to issue the decision.
The May 27 ruling by a three-judge panel was delivered orally and written reasons for the decision are expected to published at a later date.
Galiatsatos was not present and not represented at the appeal court hearing.
The office of Quebec Justice Minister and Attorney General Simon Jolin-Barrette described the appeal court ruling as an 'important victory.'
'Rest assured we will continue to stand firm on our position. Justice must be accessible in French in Quebec,' Jolin-Barrette's office said in a statement.
Galiatsatos's decision on the language law came shortly before he was to begin hearing the trial of a West Island woman who struck and killed a cyclist with her car and had requested to be tried in English.
The translation requirement, which was introduced as part of the language law reform known as Bill 96, was scheduled to go into effect several days before the start of the trial and Galiatsatos said he worried that when it was time to issue his ruling, having it translated could lead to lengthy delays that might violate the accused's right to be tried within a reasonable amount of time.
The issue was not raised by either party in the case, but rather by the judge himself, who proactively heard arguments from both the accused and the Crown, as well as the federal and provincial attorneys general on the translation requirement.
Galiatsatos ultimately convicted the accused, Christine Pryde of dangerous driving, impaired driving and criminal negligence causing death, and issued a written decision exclusively in English, but ordered that it be translated.
In November, Quebec's judicial council found that the judge didn't violate any ethical rules in his decision on the translation requirement, but said it was not the appeals court and couldn't rule on whether he applied the law correctly.
That decision by the Conseil de la magistrature du Québec did not name Galiatsatos, but the circumstances of the case it referenced were identical.