Sep 25, 2019 17:01
4 yrs ago
3 viewers *
French term

décision libérée

French to English Law/Patents Law (general) Criminal law
Pertaining to Canada and Canadian laws. Cannot find references to "décision libérée" anywhere!

Finalement, le 30 mai 2002, le juge a rendu une décision libérée pour la demandeuse sur le chef d’accusation pour Possession d’une arme à feu prohibée ou à autorisation restreinte avec des munitions, deux (2) chefs d’accusation pour Possession non autorisée d’une arme à feu et trois (3) chefs d’accusation pour Possession en vue du trafic.

Discussion

Cyril Tollari Sep 29, 2019:
'Released' would work if this was a calque translation of an English source text.
Libérée doesn't make sense here otherwise.
Daryo Sep 28, 2019:
@ Jessica Noyes How about a decision that was released? i.e. published or made known?

It could be that.

There certainly is one decision from the COURT MARTIAL APPEAL COURT OF CANADA Delivered from the Bench at Halifax, Nova Scotia on May 30th, 2002.

that seems to be about the same case as the one quoted in the ST, at the least as far as "Possession en vue du trafic" of crack cocaine is concerned.

https://www.canlii.org/en/ca/cmac/doc/2002/2002cmac8/2002cma...

https://www.canlii.org/fr/ca/cacm/doc/2002/2002cacm8/2002cac...
Germaine Sep 26, 2019:
lcmolinari, Je pense qu'il manque un bout de texte. Je crois que vous disposez de toute l'info nécessaire pour trouver le jugement original à cette adresse:
https://www.canlii.org/fr/ca/
Simon Charass Sep 26, 2019:
Can it be "décision libéllée" or "draft of decision"?
Jessica Noyes Sep 26, 2019:
How about a decision that was released? i.e. published or made known?
Cyril Tollari Sep 25, 2019:
@Asker
What is the other sentence?
Laura Molinari (asker) Sep 25, 2019:
Maybe typo, but still I definitely thought it was mistake, but the same term is repeated twice in the text, and 'conscious decision' does not seem like a decision that a judge would render (in the sense that all judges' decisions are conscious!) Thought I would try...
Cyril Tollari Sep 25, 2019:
Talking about "délibéré" and judgement, is it rather 'en délibéré' (under advisement)? This would be a big stretch.

Proposed translations

7 days
Selected

decision made after adjourning for deliberations

It's almost certainly a typo and, if so, should be décision délibérée.

The délibéré is the period the judges take to exchange opinions and come to a decision, or, in the case of a single judge, to weigh up the arguments made. So, deliberation time basically.

Here's the definition in French : https://droit-finances.commentcamarche.com/faq/4110-delibere...

When a lot of time is needed for deliberations the court is adjourned while this is done. The case is therefore said to be mis en délibéré - no further arguments will be heard, and the case is awaiting only for the judge or judges to carry out the deliberations in order to reach a decision and then reconvene the court to render that decision.

Consider the following official translation:
Le jugement est rendu sur le siège ou mis en délibérée -> Judgment is handed down from the bench or the case is adjourned for further deliberation.

(source: http://ccprcentre.org/doc/HRC/Monaco/CCPR.C.MCO.2_en.pdf).

The sentence would therefore translate as:

After adjourning to deliberate the judge finally rendered a decision in favor of the prosecution on the charge of possession of a prohibited or restricted firearm with ammunition, two counts of unauthorized possession of a firearm and three counts of possession for the purpose of trafficking.



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Note added at 7 days (2019-10-02 18:56:22 GMT)
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After reading the discussion section above and doing some research I have to admit I haven't seen décision délibérée used anywhere in a judicial setting. On re-reading the source I suspect it was written by someone outside of the legal profession - a journalist perhaps - to whom the term décision délibérée it might make sense as when describing a decision rendered following un délibéré. It might also explain the typo being repeated in the text.

I'll also acknowledge that others suspected a typo before I weighted in. At any rate, after seeing the question I was intrigues and did a little research and that's the best I could come up with, so I thought I'd post it in case it can be of use to anyone now, or in the future.

But good luck with your translation either way.

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Note added at 7 days (2019-10-02 18:57:31 GMT)
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whoops spelling and grammar errors abound - please forgive

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Note added at 7 days (2019-10-02 19:11:25 GMT)
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I may have assumed too much when I translated demandeuse as prosecution, it would be safer to go with plaintiff.
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3 KudoZ points awarded for this answer. Comment: "I think this explanation makes the most sense given the obvious error. I had to deliver with a different (and not correct) workaround but at least we'll have some idea if this comes up again!"
15 hrs
French term (edited): décision libérée pour...

(Can) decision post-release from custody of ...

... pour la demandeuse (libérée): female applicant or appellant (discharged out of custody to hear the decision pronounced in court).

Speculatively shorthand for the past tense of libératoire:

'Dans le vocabulaire des services correctionnels canadiens, l’adjectif libératoire qualifie tout ce qui se rapporte à la mise en liberté du délinquant, du détenu ou du libéré conditionnel. Audience libératoire. *Décision libératoire*, prélibératoire, postlibératoire.'
Peer comment(s):

neutral Daryo : yes, it's very tempting to see it as "libératoire", but apart from apparently fitting in the context, there is nothing to be sure of it. It could relate to the procedure, not the content of the decision, for all we know.
2 days 4 hrs
OK, but the asker needs to tell us about the context of the other two instances of use.
neutral AllegroTrans : the construction is simply wrong
2 days 18 hrs
Tell that to the Canadian judge and/or law reporter!
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