Yamba v. Canada (Minister of Justice), 2016 BCCA 219
Mr. Yamba takes the position that the right to a French trial provided for in s. 530 of the Criminal Code, combined with the official language rights in s. 16 of the Charter, elevates the right to a French trial in Canada to the equivalent of a constitutional right. Mr. Yamba argues that the Minister’s conclusion that access to a certified translator will address concerns regarding trial fairness in the United States does not give "due consideration" to the language rights Mr. Yamba has in Canada.
In my view, it was reasonable for the Minister to conclude that the assistance of a certified translator will address Mr. Yamba’s concerns regarding trial fairness in the United States. The use of a translator will ensure the integrity of the fact-finding process. With the assistance of a translator Mr. Yamba will be able to understand what is transpiring in court, consult with and instruct counsel and, if Mr. Yamba elects to do so, testify in a responsive manner. (para 18, 25)
