Archive for the ‘Intersecting Law & Languages Blog’ Category

Francophone driver challenges speeding ticket from Anglophone officer

Posted on: August 10th, 2017 by Suzanne Deliscar Add A Comment

Language rights can get complicated when federal bodies operate in unilingual provinces, says Brampton lawyer-linguist Suzanne Deliscar.

The Winnipeg Free Press reports that a local Francophone lawyer is challenging a speeding ticket on the basis that rights afforded to him under the Charter and the Official Languages Act were breached when he was stopped by an RCMP officer who could not speak French and wrote the ticket out in English only.

“If you look across the country, Quebec is traditionally French speaking, and New Brunswick is bilingual, but the rest of the provinces, including Manitoba, are officially English-speaking,” Deliscar tells AdvocateDaily.com.

“The interesting thing here is that the RCMP is a federal body that is required to provide bilingual services, so that is a clash that will have to be addressed,” adds Deliscar, who runs Deliscar Professional Corporation, a law firm that offers services in English, French and Spanish.

According to the Free Press, the lawyer in the case, who has argued language rights matters involving Franco-Manitobans at the Supreme Court of Canada during a 30-year career, was pulled over in St-Pierre-Jolys last summer.

While the town has an officially designated bilingual RCMP detachment, the paper says the officer who handed out the ticket is actually based at a nearby station which doesn’t have the same language requirements.

RCMP spokesperson Tara Seel told the Free Press that despite its limited obligation to provide bilingual officers at certain detachments, it will also provide service in French on demand anywhere in the province.

Read the rest of the post here: http://www.advocatedaily.com/suzanne-deliscar-francophone-driver-challenges-speeding-ticket-from-anglophone-officer.html

REGISTRATION NOW OPEN: “AUTHENTICATION OF OFFICIAL DOCUMENTS” – September 13, 2017

Posted on: August 10th, 2017 by Suzanne Deliscar Add A Comment

 

The “Authentication of Official Documents II” course is the second course in the “Authentication of Official Documents” series designed to provide official documents translators with an understanding of their role in the translation and preparation of official documents, including learning about the following topics:

1. What are Official Documents?
2. What is a Certified Translation? – An International Perspective?
3. What Happens When an Official Document Translation is sent Abroad?
4. How are Official Documents Prepared for Use Abroad?
Option 1: The “Apostille” System:1961 Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents
Option 2: Notarization/Certification – Authentication – Legalization Process

5. The Role of Notaries Public, Notaries, Lawyers, and Commissioners of Oaths
6. How to Add Additional Income Streams from Providing Authentication-Related Services

At the end of this course, official document translators will have learned about their role in the authentication of official documents process, as well have in-depth knowledge as to how official documents must be prepared in order to be accepted in foreign countries.

Register for this course to be held on September 13, 2017 at 10 AM EST at the following link: http://www.proz.com/translator-training/course/14951-authentication_of_official_documents_ii.

Attendees are encouraged to attend the “Authentication of Official Documents” webinar first, now available on-demand at http://www.proz.com/translator-training/course/13708-authentication_of_official_documents (originally presented on June 30, 2016).

 

 

Bilingual Ottawa bill could cause legal problems

Posted on: July 22nd, 2017 by Suzanne Deliscar Add A Comment

A provincial law to officially recognize the bilingualism of Ottawa may not be necessary, says Brampton lawyer-linguist Suzanne Deliscar.

Liberal MPP Nathalie Des Rosiers recently introduced private member’s Bill 140, which would amend the City of Ottawa Act to require the municipality to make a bylaw for bilingual administration and services.

But Deliscar, principal of Deliscar Professional Corporation, a law firm that offers services in English, French and Spanish, questions the need for the law.

“It seems like it’s just a way to formalize something that is already happening,” she tells AdvocateDaily.com. “I think the challenge would be that there could be some cost issues in making sure that everything was accessible in French.

“It’s an interesting case because it is the nation’s capital, but it’s in a province that is not officially bilingual. I think the city effectively is bilingual anyway because you have this massive civil service based there. If you want to work for the federal government, there is an expectation to speak both languages, and most federal politicians know some French,” Deliscar adds.

This article continues here: http://www.advocatedaily.com/areas-of-law/suzanne-deliscar-bilingual-ottawa-bill-could-cause-legal-problems.html

Tax court judge violated witnesses’ language rights

Posted on: July 10th, 2017 by Suzanne Deliscar 1 Comment

Federally-appointed judges would benefit from education on the linguistic rights of litigants and witnesses appearing before them, says Brampton lawyer-linguist Suzanne Deliscar.

In a recent case, the Federal Court of Appeal overturned a Tax Court decision after finding the judge violated the official language rights of an insurance company’s lawyer and its witnesses by ignoring their wishes to testify and communicate in French because they were bilingual, while another party in the case spoke only English fluently.

“I think judges, especially at the federal level, have to be educated about the rights of litigants to speak whichever of the official languages they wish. If interpreters are needed, then they ought to be provided,” Deliscar tells AdvocateDaily.com.

“It’s not something you can reach some compromise on,” adds the principal of Deliscar Professional Corporation, a law firm that offers services in English, French and Spanish.

She says some judges may have risen to the bench after long careers in private practice where language rights were never an issue, especially if they practised in a primarily unilingual jurisdiction.

“It’s not as if these issues come up every day, and they may never have crossed a judge’s mind,” Delsicar says.

The tax case involved a self-represented individual appealing the minister’s assessment of his employment with an insurance company during the year 2012. His former employer intervened, and several representatives were called to testify in court.

This article continues here: http://www.advocatedaily.com/suzanne-deliscar-tax-court-judge-violated-witnesses-language-rights.html

Online courses tackle legal correspondence and contracts webinars for linguists – July 20 & 27, 2017

Posted on: July 6th, 2017 by Suzanne Deliscar Add A Comment

Brampton lawyer-linguist Suzanne Deliscar will share her insights on the language of legal correspondence and contracts with linguists via a two-part webinar series this month.

Presented in partnership with ProZ.com, the first session, The Language of Legal Correspondence: Reading and Understanding Legal Communications, will be held July 20 at 10 a.m. to noon.

In this advanced course, Deliscar, founder of Deliscar Professional Corporation, will analyze the structure of legal correspondence to assist legal translators. The webinar is designed for experienced translators who will learn how to draft legal correspondence in their target language(s).

The course will include instruction on: how to effectively frame and organize legal writing; basic grammar and style rules such as using correct grammar to enhance clarity; using plain language; complex language structures in legal documents; the use of the passive voice; reported speech and common collocations in legal discourse; prepositions; and the structuring of pleadings, advice letters, legal opinions, letters-before-action, reports, memorandums, emails and legal briefs.

At the end of the course, attendees will be able to identify the various standard components in legal correspondence.

The second part of the series, The Language of Contracts: Reading and Understanding Contracts, will take place on May 25 at 10 a.m. This two-hour course will dissect the standard clauses and terminology found in contracts, as well as analyze the structure of contracts to assist legal translators.

The course will include instruction on: the language of contracts, reading and understanding contracts and standard contract clauses; effectively using shall, shall not, must and will; words and phrases that don’t belong in legal documents; archaic terms in legal English (hereinafter, therein, etc.) and other terms of reference and word formation; keeping contract provisions readable and clear (reducing average sentence length); how to organize a contract and use definitions effectively; and identifying conditional contract clauses.

At the end of this course, attendees will be able to identify the various standard clauses in a contract.

Each webinar has been approved for two American Translators Association Continuing Education points.

Each two-hour course is US$99, however, special bundle pricing of US$178 is available for early registrants.

Registration links for both courses can be accessed here.

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Deliscar presents on family law terminology for linguists – July 11, 2017

Posted on: July 5th, 2017 by Suzanne Deliscar Add A Comment

Brampton lawyer-linguist Suzanne Deliscar will present a webinar focussing on family law terminology for linguists on July 11, 2017, in partnership with Interpreter Education Online.

The session, titled “An International Perspective – Family Law Terminology,” is designed for linguists who are just starting out their work in the legal specialty.

By the end of the webinar, attendees will have boosted their knowledge of legal structures and specific family law terminology found in various legal settings.

For more information, click here.

Suzanne Deliscar and Website Nominated for 2017 ProZ.com Community Choice Awards

Posted on: July 1st, 2017 by Suzanne Deliscar Add A Comment

Brampton lawyer-linguist Suzanne Deliscar have been nominated in two categories for this year’s ProZ.com Community Choice Awards — and there is still time to cast your vote!

Among the nominees for “Best website for a professional translator” is Deliscar’s website for her lawyer-linguist practice, Deliscar Professional Corporation, found at www.suzannedeliscar.ca.

Deliscar was also nominated in the “Translation Trainer” category.

Click here to cast your vote!

Lawyers and self-reps benefit from translated French decisions

Posted on: June 3rd, 2017 by Suzanne Deliscar Add A Comment

Lawyers and laypeople alike benefit from a service that translates selected Quebec judgments from French into English, says Brampton lawyer-linguist Suzanne Deliscar.

The Société québécoise d’Information juridique (SOQUIJ) has performed the service since 2004, identifying key cases at the Court of Appeal of Quebec, the Court of Quebec, and the Superior Court of Quebec, and translating them free of charge for users of its website.

“I love the idea behind it, which is to help lawyers in all jurisdictions get hold of cases that are of national interest in English that they might not come across otherwise,” Deliscar tells AdvocateDaily.com.

“The fact that it’s free is great too because it means the whole community can get access. That’s important for self-represented litigants,” adds the principal of Deliscar Professional Corporation, a law firm that offers services in English, French and Spanish.

In a recent post announcing the launch of Soquij’s new blog, translator Vera Roy said the society’s goal is to “promote access to Quebec case law beyond the francophone legal community and citizens of this province, make the valuable insight of Quebec judges more widely known across Canada, and enrich Canadian law.”

Due to the national relevance of bankruptcy, Constitutional and criminal law matters, those are the most often translated, Roy explained.

Read more: http://www.advocatedaily.com/suzanne-deliscar-lawyers-and-self-reps-benefit-from-translated-french-decisions.html

“THE LANGUAGE OF LEGAL CORRESPONDENCE” AND “THE LANGUAGE OF CONTRACTS” – LEGAL TRANSLATION WEBINARS ON May 18 and 25, 2017

Posted on: May 10th, 2017 by Suzanne Deliscar Add A Comment

Back by popular demand! Suzanne E. Deliscar, Lawyer-Linguist, is pleased to once again present a two-part live webinar series on contracts and other legal documents in May 2017 in cooperation with ProZ.com.

1. “The Language of Legal Correspondence: Reading and Understanding Legal Communications” – May 18, 2017 – 9 AM EDT

This advanced course will analyze the structure of legal correspondence in order to assist legal translators. It is designed for experienced translators who will learn how to draft legal correspondence in their target language(s). At the end of this course attendees will be able to identify the various standard components in legal correspondence. Course attendees will receive multiple precedents, as well as a course workbook.

This course is approved for two (2) American Translators Association Continuing Education points.

Course program:

* How to effectively frame and organize legal writing * Basic grammar and style rules – using correct grammar to enhance clarity. * Using plain language. * Complex language structures in legal documents; the use of the passive voice; reported speech and common collocations in legal discourse; prepositions * The structuring of: pleadings, advice letters, legal opinions, demand letters, reports, memorandums, e-mails and legal briefs

2. The Language of Contracts: Reading and Understanding Contracts – May 25, 2017 – 10 AM EDT

This two hour course will dissect the standard clauses and terminology found in contracts. This advanced course will analyze the structure of contracts in order to assist legal translators. At the end of this course attendees will be able to identify the various standard clauses in a contract. Course attendees will receive multiple precedent contracts, as well as a course workbook.

This webinar has been approved for two (2) American Translators Association Continuing Education (CE) points.

Course program:

* The language of contracts, reading and understanding contracts, Standard Contract Clauses * Effectively using shall, shall not, must and will. * Words and phrases that don’t belong in legal documents. * Archaic terms in legal English (hereinafter, therein, etc…) and other terms of reference. Word Formation * Keeping contract provisions readable and clear (reducing average sentence length) * How to organize a contract and use definitions effectively. * Identifying conditional contract clauses.

Each two hour course is $99 USD each, however, special bundle pricing of $170.00 is available for early registrants. Thank you for your interest.

Registration links for both courses can be accessed via www.suzannedeliscar.ca/presentations/for-linguists

Federal Court’s unilingual decisions unacceptable

Posted on: May 1st, 2017 by Suzanne Deliscar Add A Comment

The Federal Court of Canada needs to push forward on posting judgments in both official languages, says Brampton lawyer-linguist Suzanne Deliscar.

The Office of the Commissioner of Official Languages (OCOL) has spent the last decade investigating the time lag between the release of original decisions online and the translated version, which can often take months or even years. But the office has failed to come to a resolution with the Courts Administration Service (CAS), which is responsible for the release of decisions by the Federal Court, the Federal Court of Appeal and the Tax Court of Canada.

“It’s quite shocking that you can be waiting that long for a decision in your language,” Deliscar tells AdvocateDaily.com.

The OCOL received its first complaint on the matter back in 2007, with most concerning decisions posted in English without the French versions. However, some refer to French-language decisions and their outstanding English counterparts.

In 2015, the OCOL concluded that CAS had breached the Official Languages Act, but Interim Commissioner Ghislaine Saikaley has expressed frustration at the lack of action since then, even demanding a reference to the Supreme Court of Canada to settle the matter.

Read more here: http://www.advocatedaily.com/none-federal-courts-unilingual-decisions-unacceptable.html