The Criminal Lawyers’ Association stands with the freelance Court Interpreters of Ontario in their demands for fair treatment.

The Criminal Lawyers’ Association stands with the freelance Court Interpreters of Ontario in their demands for fair treatment.

While protests outside the Courthouses have occurred and some press attention has resulted this is a critical issue to the administration of justice in Ontario which must be addressed.

Interpreters are an integral part of our justice system as they play a vitally important role which ensures full participation in matters before the Courts. They are essentially connected to the equity we wish to engender within our justice system, interpreting for defendants, complainants, and witnesses.

Canada’s constitution guarantees a defendant the right to a fair trial which includes the right to accurate interpretation services.

Words matter. Particularly with the lifelong serious consequences of a criminal trial.

Criminal cases often turn on credibility findings. That means that conveying an accurate rendition of witness testimony can ultimately affect the outcome of a case. In this sense, the importance of the job of the interpreter cannot be understated. It requires both skill and integrity.

The vast majority of qualified court interpreters in Ontario are freelancers. They are paid $30 dollars an hour and, in stark contrast to staff interpreters who are not part of this job action, they have no access to benefits, paid vacation, sick days, job security or a pension. They also do not earn a daily living wage. Their hours are unpredictable, and court bookings are inconsistent, resulting in continuous uncertainty around regular earnings. These conditions also limit their ability to commit their services to trials, especially long trials.

They are protesting because The Ministry of the Attorney General who employs them has refused to engage with their request for just pay. They have no other recourse. Other court staff are unionized. Judges and Crown Attorneys have access to binding arbitration through their unions when disputes arise, including those centered on pay. Recently, an arbitration ruling resulted in a pay increase for judges of the Ontario Court of Justice, giving them essentially the same compensation as Superior Court Justices.

Freelance interpreters are not unionized. They have no systemic process in place to adjudicate grievances and there has been no commitment to raise pay rates to even the 1% current Provincial wage cap for well over a decade. Their counterparts in British Columbia, Alberta and Quebec are paid significantly more. They deserve more.

This strike has particular significance for Greater Toronto due to its multi-cultural demographics. Courts in the GTA are the highest users of interpreters in Ontario. Limiting access to competent interpreters by failing to create avenues to keep them in business reinforces systemic racism on two fronts. Most interpreters are originally immigrants, and largely people of color, as are the those who require their support. Interpreters are being subject to inequitable pay practices.

It is the responsibility of the Attorney General, Mr. Downey, to ensure fairness in our justice system for all Ontarians regardless of their language.

The Criminal Lawyers’ Association recognizes the critical importance of professional, independent, and certified interpretation.

We support our interpreter colleagues in their efforts to establish a process by which fair compensation can be determined objectively. They deserve better.

John Struthers
President
Criminal Lawyers’ Association