Divorce Act language rights start March 1, 2021

Summary#

This is the Order Fixing March 1, 2021 as the Day on Which Section 22.1 of that Act Comes into Force in Manitoba, Yukon and Nunavut. It sets March 1, 2021 as the date when section 22.1 (the language-rights part) of the amended Divorce Act starts to apply in Manitoba, Yukon and Nunavut.

What it does#

• Fixes March 1, 2021 as the day section 22.1 of the amended Divorce Act comes into force in Manitoba, Yukon and Nunavut.
• That section gives people in family law proceedings the right to use either official language (English or French). In practical terms it covers:
  • filing documents, giving evidence and making submissions in either official language;
  • requesting simultaneous interpretation into the other official language;
  • requesting a presiding judge who speaks the party’s official language (or both);
  • getting a transcript or recording in the language it was spoken; and
  • asking that a judgment or order be made available in a party’s official language.
• It also requires court forms to be made available in both English and French.

Who's affected#

• Members of official language minority communities (OLMCs) in Manitoba, Yukon and Nunavut — for example, Francophones outside Quebec or Anglophones in Quebec-like situations in these jurisdictions.
• People going through divorce or family court processes in those three jurisdictions.
• Courts, judges, court staff, lawyers and interpreters in those jurisdictions, because they will need to offer services in both official languages.
• If it’s unclear who else is affected: the Order only names these three jurisdictions. Other provinces and territories could implement the provision at different times; this Order does not change their timelines.

Why it matters#

• It makes family court proceedings in those three jurisdictions more accessible in the official language a person prefers. That can reduce stress and confusion in already difficult family-law situations.
• Practically, people can expect bilingual forms, greater availability of interpretation, and the chance to have hearings and judgments in their chosen official language.
• The Order is an administrative step that sets the start date for these language rights in the named jurisdictions; it does not itself create the rights beyond what the amended Act provides.