No, not necessarily. The Criminal Code provides that an accused can ask that his trial be held before a judge (and jury, if applicable) who understands French or English, and in some circumstances, who understands both languages. This is referred to as the “trial language”. The choice to opt for English will also apply to the preliminary inquiry, if one takes place.

No. The choice of English as a trial language means that the judge and the jury will understand English and that you and your attorney will be allowed to address the court and to write your proceedings in this language. The judge will also have to make the judgment available in English within a reasonable period of time. He does not have to grant a request to have the judgment translated into a language other than English.

The judge cannot compel a witness to testify in the language chosen by the accused. He must ensure, however, that both the accused and his lawyer have access to an interpreter to translate testimony given in a language that they do not understand.

No. The Ministère de la Justice du Québec will provide a court interpreter when required. These interpreters come from private agencies that collaborate with the judicial interpretation and translation service of every courthouse.

Usually, this choice is made during your appearance (that is, when you appear in court to plead guilty or not guilty). Depending on the circumstances, the choice must be made no later than the moment when the trial date is set, when the accused opts for a trial without a jury, or when the accused is sent back to be tried before a judge and jury.

But you must be careful and proceed with caution! The longer you wait to make your choice, the more convincing the reason will have to be for justifying the delay (for example, you did not know you had the right to choose English as the trial language). If the request is made too late, the judge can refuse it. It is therefore important not to wait until the middle of the trial to ask to switch languages.

Yes. Even if the accused does not make the request, a judge may decide that he should stand trial in his own language, if he thinks it is in the best interests of justice. Furthermore, if an accused is not represented by a lawyer, the judge has the obligation of informing him that he has the right to choose the trial language.

Yes. An accused has the right to have a prosecutor who speaks the same official language as him. However, at the same time, the Constitution provides that pleadings may be presented to the court in the official language of one’s choice. Consequently, there is a conflict between the right of the prosecutor to plead in his own language and the right of the accused to have the prosecutor plead in the accused’s language. The courts have since reconciled this conflict by ruling that files must be assigned to prosecutors who can express themselves in the language chosen by the accused. Hence, the prosecutor will be able to express himself in English, and the official documents (warrants, indictment, summons, etc.) will be drafted in English.

Seldom will a prosecutor be put in charge of a file in the English language and then change his mind and plead in French. If he does so, however, the judge cannot force him to speak English. He must suspend the trial until a replacement is found.

No. He cannot refuse your request just because you are bilingual. The Supreme Court of Canada has ruled that the right to choose one’s trial language is a fundamental right linked to cultural identity. The Court stated that the judiciary has an important role to play in protecting and promoting language rights so that they do not remain mere passive rights. It was decided that violating someone’s right to choose the trial language was a serious omission and not a simple procedural matter.

No. If there is no one in your district who can hear your case in your own language, the judge may order that the trial take place in another district.

No. The Criminal Code does not require that all evidence be translated. The accused may not demand a translation of the police officer’s notes, the witnesses’ sworn declarations or any other document which is not a prosecution-produced, public document.

It is up to the judge to decide whether to grant a request for the translation of the prosecution's principal arguments and book of authorities (the list of the laws, texts and cases to be relied upon), so that the accused can be sufficiently prepared to face all charges made against him. The request has to be reasonable and not have the effect of paralyzing the trial.

A person may request that the trial be held in English if he is capable of instructing his attorney in that language. A judge will not engage in balancing every element of a person’s life to determine if they are “more Anglophone” or “more Francophone”.

No. You must choose one of the two official languages of Canada, either English or French. However, the judge who presides at your appearance may allow for your trial to be held before a judge who speaks the official language in which you are most comfortable.

Nevertheless, an accused, whatever his language may be, has the right to an interpreter so that he can testify in his own language and understand the other witnesses. Every courthouse has a person in charge of judicial interpreters and translators, whom you (or your attorney) may contact.

No. The choice of trial language is only available in criminal proceedings. However, both the Constitution of Canada and Quebec's Charter of the French Language (better known as “Bill 101”) allow you to address the court and write your procedures in either French or English. In civil matters, you will need to pay for the services of an interpreter, if required. You may, however, ask for the translation of the judgment if it is written in French, free of charge.

For more information on this topic, consult our Infosheet entitled Language rights in Canada.