The changes remove the need for litigants to hire French interpreters in Divorce Act proceedings
Recent amendments to the federal Divorce Act and updates to British Columbia's Supreme Court Family Rules now permit individuals to conduct divorce proceedings in French.
This development eliminates the previous requirement for litigants to hire private interpreters to access French language services in Divorce Act cases.
Under the new framework, individuals can file court documents online and in person at court registries in either French or English. French-speaking litigants can now have their proceedings heard in French, submit and receive transcripts or court orders, and present evidence in either of Canada's official languages.
The rule changes allow the use of French throughout the proceedings for cases involving joint claims under the Divorce Act and BC's Family Law Act. These joint relief proceedings, which often involve overlapping issues and parties, previously required separate hearings, duplicate evidence submissions, and identical documentation in two languages. In a press release, the BC government emphasized that the amendments streamline the process, saving time and reducing administrative burdens for all parties involved.
Additionally, the amendments extend filing deadlines for response documents, accommodating the time required for translations. Judges now have explicit authority to manage bilingual files during judicial, case planning, and trial management conferences. This measure aims to minimize delays and facilitate smoother proceedings for bilingual cases.
The amendments align with federal and provincial commitments to enhance access to justice and linguistic equality. The initiative has received support from the Department of Justice Canada, highlighting its role in promoting bilingualism within the Canadian legal system.
Expanding the use of French in divorce and family law proceedings is expected to improve accessibility for French-speaking British Columbians while fostering efficiency in cases with bilingual elements. The provincial government encourages individuals seeking more information about the amendments or filing procedures to consult the BC Supreme Court or their legal counsel for guidance.
