Any text in this node which is in
italics is
commentary by myself, and not
necessarily part of the
Criminal Code. I like this part of the code because it is quite short and simple.
Previous
Index
Language of
accused
If you want, you can be tried in either French or English, assuming you speak them.
530. (1) On application by an accused whose language is one of the official languages of
Canada, made not later than
(a) the time of the appearance of the accused at which his trial date is set, if
(i) he is accused of an offence mentioned in section 553 or punishable on summary conviction, or
(ii) the accused is to be tried on an
indictment preferred under section 577,
(b) the time of the accused's election, if the accused elects under section 536 to be tried by a provincial court judge or under section 536.1 to be tried by a judge without a jury and without having a
preliminary inquiry, or
(c) the time when the accused is ordered to stand trial, if the accused
(i) is charged with an offence listed in section 469,
(ii) has elected to be tried by a court composed of a judge or a judge and jury, or
(iii) is deemed to have elected to be tried by a court composed of a
judge and
jury,
a justice of the peace, provincial court judge or judge of the
Nunavut Court of Justice shall grant an order directing that the accused be tried before a justice of the peace,
provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada that is the language of the accused or, if the
circumstances warrant, who speak both official
languages of Canada.
Idem
If you don"t speak English or French, the trial will have to be in the one which is closest to whatever you do speak.
(2) On application by an accused whose language is not one of the official languages of Canada, made not later than whichever of the times referred to in paragraphs (1)(a) to (c) is applicable, a justice of the peace or provincial court judge may grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada in which the accused, in the opinion of the justice or provincial court judge, can best give testimony or, if the circumstances warrant, who speak both official languages of Canada.
Accused to be advised of
right
And you have to be told of this if you don"t have a lawyer.
(3) The justice of the peace or provincial court judge before whom an accused first appears shall, if the accused is not represented by
counsel, advise the accused of his right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.
Remand
If you didn"t apply for it but the judge thinks it"s better that you be tried in the other language, that can be arranged.
(4) Where an accused fails to apply for an order under subsection (1) or (2) and the justice of the peace, provincial court judge or judge before whom the accused is to be tried, in this Part referred to as "the court", is satisfied that it is in the best interests of justice that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or, if the language of the accused is not one of the official languages of Canada, the official language of Canada in which the accused, in the opinion of the court, can best give testimony, the court may, if it does not speak that language, by order remand the accused to be tried by a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak that language or, if the circumstances warrant, who speak both official languages of Canada.
Variation of order
(5) An order under this section that an accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony may, if the circumstances warrant, be varied by the court to require that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak both official languages of Canada.
R.S., 1985, c. C-46, s. 530; R.S., 1985, c. 27 (1st Supp.), ss. 94, 203; 1999, c. 3, s. 34.
Where order granted under section 530
If this is granted, you can speak what you want, and have interpreters there.
530.1 Where an order is granted under section 530 directing that an accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language that is the language of the accused or in which the accused can best give testimony,
(a) the accused and his counsel have the right to use either official language for all purposes during the preliminary inquiry and trial of the accused;
(b) the accused and his counsel may use either official language in written pleadings or other documents used in any proceedings relating to the preliminary inquiry or trial of the accused;
(c) any witness may give evidence in either official language during the preliminary inquiry or trial;
(d) the accused has a right to have a justice presiding over the preliminary inquiry who speaks the official language that is the language of the accused;
(e) except where the prosecutor is a private prosecutor, the accused has a right to have a prosecutor who speaks the official language that is the language of the accused;
(f) the court shall make
interpreters available to assist the accused, his counsel or any witness during the preliminary inquiry or trial;
(g) the record of proceedings during the preliminary inquiry or trial shall include
(i) a
transcript of everything that was said during those proceedings in the official language in which it was said,
(ii) a transcript of any interpretation into the other official language of what was said, and
(iii) any documentary evidence that was tendered during those proceedings in the official language in which it was tendered; and
(h) any trial judgment, including any reasons given therefor, issued in writing in either official language, shall be made available by the court in the official language that is the language of the accused.
R.S., 1985, c. 31 (4th Supp.), s. 94.
Change of venue
531. Notwithstanding any other provision of this Act but subject to any regulations made pursuant to section 533, the court shall order that the trial of an accused be held in a territorial division in the same province other than that in which the offence would otherwise be tried if an order has been made that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or both official languages of Canada and such order cannot be conveniently complied with in the territorial division in which the offence would otherwise be tried.
R.S., 1985, c. C-46, s. 531; R.S., 1985, c. 27 (1st Supp.), s. 203.
Saving
532. Nothing in this Part or the
Official Languages Act derogates from or otherwise adversely affects any right afforded by a law of a province in force on the coming into force of this Part in that province or thereafter coming into force relating to the
language of proceedings or
testimony in criminal matters that is not inconsistent with this Part or that Act.
1977-78, c. 36, s. 1.
Regulations
533. The
Lieutenant Governor in Council of a province may make regulations generally for carrying into effect the purposes and provisions of this Part in the province and the Commissioner of the
Yukon Territory, the Commissioner of the
Northwest Territories and the Commissioner of
Nunavut may make
regulations generally for carrying into effect the purposes and provisions of this Part in the Yukon Territory, the Northwest Territories and Nunavut, respectively.
R.S., 1985, c. C-46, s. 533; 1993, c. 28, s. 78.
534. Repealed, 1997, c. 18, s. 63
Next
Part XVIII
Procedure on Preliminary Inquiry