Being a Francophone in Common Law: An Often-Invisible Effort

Studying common law in French and living in a Francophone minority context has many advantages but also many challenges. The way students in the French Common Law program are perceived within the faculty often differs from the reality they face. A lawyer who graduated from this program at the University of Ottawa allowed me to see things from a different perspective. Being a French-speaking student often means doing twice as much work. Many readings are only available in English, while the courses are given in French. It is therefore necessary to read, reflect on and write one's notes in two distinct languages, a demanding mental exercise that requires great rigour.

This reality is also recognized at the institutional level: according to Roderick Macdonald, legal bilingualism in Canada requires double writing and understanding of texts in two languages, because neither version can be considered a simple translation of the other. Legal language is a point of access to knowledge, but never knowledge itself, which illustrates the additional intellectual effort required to navigate between the two linguistic systems.

However, this reality remains unknown. Some students in the English Common Law program mistakenly perceive that French speakers have an easier path, mainly because they do not have to take the LSAT to be admitted. This misconception sometimes reinforces the impression that French-speaking students need to prove their competence or legitimacy more often. In addition, many students in English programs are unaware of the French-language program. This lack of knowledge leads to little interaction between students and limits the ability to discover the particularities that distinguish these programs, as well as opportunities for mutual development.

However, being a Common Law student in French also offers an advantage on the job market. For bilingual jobs, these students are distinguished not only by their ability to speak both languages but also by their practice of law in both. It also allows them to make their customers feel more comfortable, as they can express themselves in their preferred language. In a law program as vast as the University of Ottawa's, it is easy to overlook the diversity of experiences and backgrounds that coexist.

As Roderick A. Macdonald points out in his article, Legal Bilingualism, in the McGill Law Journal, this skill requires an understanding of legal dogmas and texts in both official languages, making French-speaking jurists exceptionally versatile and sought-after workers well beyond purely legal roles.

Nevertheless, this diversity is one of the faculty's greatest strengths. The French Common Law program helps train lawyers who can practice in both official languages. This is even more important in a Francophone minority context, where French-speaking jurists face structural and institutional issues that affect both their professional practice and their communities' access to justice. The limited availability of legal services in French, combined with a lack of adapted documentation and continuing education, limits the full use of French in the legal field.

To know the law in one language and to know only half of it. Acknowledging the extra effort it takes should not be divisive but rather inspire greater mutual respect among students. After all, the richness of Canadian law is based precisely on this coexistence of French and English.