Right to Trial in French
If I speak French, can I insist on a trial being held in the French language?
Yes. In addition to the Charter of Rights and Freedoms (section 14) there are other laws which support this right to have a trial in the French language, if requested. The Courts of Justice Act (C.O.J.A) provides the following sections which accommodates this situation.
Under the LANGUAGE title of the C.O.J.A. section 125 “Official languages of the Courts” states:
Section 125. (1) The official languages of the courts of Ontario are English and French.
Section 126. (1) A party to a proceeding who speaks French has the right to require that it be conducted as a bilingual hearing.
Section 126. (2) The following rules apply to a proceeding that is conducted as a bilingual proceeding:
- The hearings that the party specifies shall be presided over by a judge or officer who speaks English and French.
Section 46 (2) of the The Provincial Offences Act states “Right to Defend”- The defendant is entitled to make full answer and defence.
Section 14 of the Charter states: A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
This is just part of the law which makes reference to a French speaking person’s right to have a proceeding in the French language. There are other laws that also come into play, the French Language Services Act, R.S.O. 1990 where the Government has a duty to ensure that services (ie- administration of justice) are provided for in the French language. In addition to the Courts of Ontario, there are twenty five (25) other designated areas where Government services in Ontairo, must be offered in the French language, see link
What are the rights to French language services for Provincial Offences Act matters? see link
Bilingual Highway & Road Signs – Ontario’s Ministry of Transportation Official Bilingual Signing Policy Q’s & A’s and frequently asked questions about Ontario’s French-Language Services as answered by Ontario’s Office of Francophone Affairs.
In 2006 the Government of Ontario celebrated the 20th Anniversary of the French Language Services Act.
There are other interesting stories.
Update: June 11, 2009 – Ontario residents may now proudly display the official Franco-Ontarian emblem on their French-language licence plates. More than 580,000 Francophones live in Ontario – the largest French-speaking community in Canada outside Quebec. See information posted on Ontario Newsroom.





































