In this blog, we want to introduce you to our current team of bilingual investigators: Frédérick J. Doucet and Frédérik Forget. Both these investigators conduct investigations in English and in French, which is an important skill at Rubin Thomlinson given that we work across the country. We wanted to share with you what being a bilingual investigator entails and how these two investigators developed language capabilities that allow them to be successful in their roles.
We thought it would be interesting to present this blog in a "question and answer" format. It is based on a discussion that Liliane Gingras (LG), the Partner at RT who works with the bilingual team, had with Frédérick and Frédérik. (Before going further, yes, the two coincidentally have similar names, and yes, it can get confusing!) This blog is a summary of this discussion, with some editing for length and clarity.
I have worked with both of you and know how proficient you each are in French and English – it is quite impressive. How did you become sufficiently bilingual to work in both languages?
Frédérik Forget (FF): I am originally from a bilingual town in New Brunswick, which was helpful for learning both languages. I spoke French at home, but at some point began to watch movies with English subtitles, which helped me to identify how English words were used in what context. I studied predominantly in French, including for my law and master's degrees, but also learned English in school. The ability to work in both languages came later. I learned technical legal language through various roles – for example, working as a prosecutor in northern Québec where trials are conducted mostly in English, and doing workplace investigations in both languages, especially for federal employers.
Frédérick Doucet (FD):I similarly grew up in a bilingual community in Québec, with many opportunities to practice both languages. I spoke French at home, but my family introduced me to English early on. I studied predominantly in French, but English was part of the curriculum throughout my schooling, from elementary school to college (i.e., "CEGEP" in Québec). I also completed degrees in both civil law and common law, the latter taught mostly in English. What also helped me is that, as a human rights lawyer, I have always read case law from different provinces, in both English and French.
What level of language proficiency do you think is required to be a bilingual investigator?
FF: An investigator should have a high level of proficiency in each language. For me, this is because the language surrounding harassment and discrimination is so nuanced that it is important to know which exact words to use. For a person to be comfortable when sharing their evidence, you need to actively listen to them; you can only do that if you have a high level of fluency in the language in which the person is speaking.
FD: Bilingual investigators need to be fully proficient in English and French, at a professional level (which is different than being proficient at a conversational level). They must know the correct terminology, read and analyze complex material in each language, and demonstrate high-level writing skills in both. It is also important for them to be able to switch seamlessly from one language to another when conducting interviews, as an interviewee might themselves switch between languages.
LG: To pick up on what FD said, I think writing well in both languages is key. This is because we never know when a report will make its way before a court or tribunal and I think that if the report is poorly written, it can undermine the substance of the report.
I know that you each conduct some investigations that are fully in English, some fully in French, and many have a mix of the two languages. What is it like conducting an investigation using both languages?
FD: Investigating in both languages takes a lot of translation. Because of this, a bilingual investigation will usually take more time than a "regular" investigation. Investigating in both languages can also involve a lot of switching back and forth between languages, depending on the preference of those involved. These language preferences can sometimes come as a surprise – in bilingual environments, the client does not always know who prefers what language (some interviewees, for example, may wish to use both languages). This means that we have to always be ready to interview in both languages.
FF: I agree that investigating in both languages typically requires a lot of translation. For example, a complainant may give their evidence in French, but the list of allegations needs to be provided to the respondent in English (or vice versa). We sometimes use the services of external translators, but we still have to review the translated work to ensure that the meaning intended in the original language was accurately captured. Reworking a translated document can take some time.
FD: I sometimes use external translation services as well, but I too find that I have to check the work carefully. The translation of the technical terms by a person who is not familiar with investigative or human rights work can be challenging.
What do you find most challenging about doing bilingual investigations?
FD: As mentioned, bilingual investigations take more time and often bring surprises (for example, a party may ask, mid-investigation, to receive documents in a different language). People who work in two languages typically have a dominant one, and it can be more challenging to work in the other. That said, in my case, I have found that writing in French (my dominant language) can sometimes require additional effort. In certain contexts – such as when a file involves gender identity or expression – investigators may need to write in a gender-neutral manner. Since French is a gendered language, this often calls for creativity.
FF: The challenge for me is when a party gives their evidence in one language, but I have to accurately capture it in the other language (for example, a complainant gives their evidence in French, but I have to formulate the allegations in English for the respondent). It takes time to put into words what you heard in one language into the other, as the translation cannot be literal (such a literal translation would fail to convey the intended meaning accurately).
Finally, what do you find rewarding about doing bilingual investigations?
FD: The most rewarding part is putting people at ease by offering them the chance to be interviewed in the language they feel most comfortable using. I think creating such a space makes the process feel more respectful and accessible.
FF: I like being able to provide a service that is responsive of the needs of today's workplaces. The reality is that there are a number of bilingual workplaces, and I find it to be a good thing to be able to provide services that meet their needs.
In closing, our main takeaway for employers is to recognize the level of language proficiency that is required to conduct bilingual investigations. Being conversational in both languages is likely not going to be enough to deliver investigation services at a professional level. True proficiency also ensures that individuals can participate in the language in which they feel most comfortable, which helps create a fairer and more respectful process. When retaining an external bilingual investigator, employers would be well-served by probing on the investigator's language skills to make sure that they are adequate to fulfill the needs of the investigation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
