L’Observatoire international des droits linguistiques

T is a bilingual Francophone who was convicted of sexual assault following a trial conducted in English. During the judicial process leading to the conviction, the judge before whom T first appeared did not ensure that he was advised of his right to be tried in French, contrary to the requirements of s. 530(3) of the Criminal Code. Before the Court of Appeal, T asserted that he would have liked his trial to be conducted in French. While the Court of Appeal was of the view that the breach of s. 530(3) was an error of law under s. 686(1)(a)(ii) of the Criminal Code, it found that there was insufficient evidence to conclude that the error had caused any prejudice. It therefore applied one of the curative provisos in s. 686(1)(b).


Held (Karakatsanis and Martin JJ. dissenting): The appeal should be allowed, the conviction quashed and a new trial in French ordered.


Institutional judicial bilingualism ensures equal access to the courts for members of Canada’s linguistic communities through various legal guarantees, including those set out in s. 530 of the Criminal Code. Section 530, a provision enacted to advance the equality of status or use of English and French, goes beyond the constitutional right to speak in the official language of one’s choice. It also gives every accused the right to choose the official language they wish to speak and in which they wish to be understood by the judge or the judge and jury, without the use of interpretation or translation services.