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Criminal Trials and the Choice of Language
Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations by providing quality legal information in everyday language.
La loi vos droits
Clientele : Offenders and Accused Persons
Subject : Criminal Trials and the Choice of Language
Print date : February 9th, 2012
 Offenders and Accused Persons
After a night out with friends, Jill thought she was ok to drive home from the bar. It turns out she was wrong: she got stopped by the police and is facing criminal charges for driving over the legal alcohol limit.
Jill is English-speaking. She’s worried she won’t be able to understand what goes on when she goes to court. It might be helpful for Jill to know that she can choose a trial in either of Canada’s two official languages, French or English. In this Infosheet, Éducaloi explains language rights during criminal trials. You should know that not all these rights apply in “penal” cases. Penal cases involve less serious violations of the law than criminal cases.To learn about the difference between criminal and penal cases, see our Infosheet Introduction to Criminal and Penal Law.   
When you first appear in court, the judge has an obligation to tell you about your right to choose a trial in English or French and inform you of the deadline for making this choice.
The deadline will depend on the circumstances. It will either be the moment a trial date is set, when you choose a trial without a jury or when the court decides your case will go to a trial. However, if you are not properly informed of your rights, the court can allow you to make your choice even after the deadline. 
Not completely. The choice of English as a trial language means that:
However, the judge cannot force a witness to testify in the language you choose. If a witness testifies in a language that is not your own, you and your lawyer have a right to an interpreter so you can understand the testimony. The government must provide and pay for the interpreter and a written record of the interpretation.
Yes. Even if you do not make the request, a judge may decide that your trial should be in your own language, if she thinks it would better ensure a fair trial.
Yes. You have the right to have a prosecutor who speaks the same official language as you and uses that language throughout the trial. Prosecutors are the lawyers who present criminal cases in court against people accused of crimes.
However, there is one exception to this rule: the judge can let the prosecutor ask questions of a witness in the official language of the witness (French or English) even if it is not your official language. In these situations, you have a right to an interpreter paid for by the court and a written record of the interpretation.
No. If there is no judge in your region who can hear your case in English, the judge will order that the trial take place in another region.
No. The law does not require all the evidence to be translated. This means that you usually cannot insist on a translation of a police officer’s notes, written or videotaped statements of witnesses or other documents used as evidence.
However, in some circumstances, the court may decide that you have a right to a translation of part of the evidence if this is necessary to ensure you can fully defend yourself. For example, the courts have sometimes ordered that summaries of the evidence be translated.
You can request a trial in English if you are able to give instructions to your lawyer in English and understand what is going on in court in English. The judge will not examine every element of a person’s life to determine if they are “more Anglophone” or “more Francophone”.
No, you can only choose either English or French as your trial language. However, you can ask the court for a judge who speaks the official language (English or French) in which you are most comfortable.
Also, whatever your language, you have the right to an interpreter free of charge so you can testify in your own language and understand the other witnesses. You or your lawyer can contact the person at the courthouse in charge of legal interpreters.
Yes.
A Cree, Naskapi or Inuit who is an accused in a criminal trial has the following language rights:
Also, when the accused is a Cree, Naskapi or Inuit, a Cree, Naskapi or Inuit may serve as a juror even if she does not speak English or French fluently. Speaking English or French fluently is normally a requirement to be a juror.
Yes. This applies even if your language is neither French nor English.
Also, if you are being questioned in a language other than your own, you have a right to an interpreter free of charge to help you understand
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Éducaloi does not provide any legal advice or counseling. The information contained in its website constitutes a general source of information and does not in any way replace the services of a lawyer or notary.
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