L’Observatoire international des droits linguistiques

Joseph Bessette seeks an order that his trial on a charge of driving while prohibited under the Motor Vehicle Act be conducted in French. He does not seek a remedy under the Charter of Rights, but rather argues that his right to have a trial in the French language arises from the proper interpretation of s. 133 of the Offence Act, which he says should be interpreted to incorporate sections 530 to 533 of the Criminal Code which permit an accused to apply for a trial in French, or for that matter, in English, depending on the circumstances.

The Crown replies that the law of British Columbia has been ever since its creation in 1858 that proceedings in all of its courts must be in the English language. The Crown argues that merely because the legislature has not passed any legislation to alter the operation of that law does not mean that the provisions of s. 530 of the Code are applicable to the defendant’s case. The Crown argues that it means the opposite; the law has not been changed and, therefore, Mr. Bessette’s trial must be in English. (para 1-2)