Kyla in The CBA National: Judges need to ensure language rights are respected
The Supreme Court of Canada has affirmed that the right to a trial in one’s official language of choice is of such importance that a judge’s failure to ask an accused what language they want their trial conducted in at first instance is enough of an error of law that it is reviewable on appeal, as it taints the court proceeding.
In the case at hand, Franck Yvan Tayo Tompouba, a bilingual Francophone, was convicted of sexual assault following a trial conducted in English in the Supreme Court of British Columbia. It wasn’t until he appealed that he asserted for the first time that he wanted his trial conducted in French.
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