The accused has a right to understand the evidence provided at trial. In Canada criminal trials take place in English, French, or sometimes in both languages. An accused is entitled to ask for a trial in either of our country’s official languages. It is the choice of the accused. In fact, the court is obligated to inform the accused of his right to choose the language of his trial. The Judge presiding over an accused’s trial cannot force a witness to speak in the language chosen by the accused. Although it does not happen often, if the accused refuses to indicate his choice of language, the Judge will order the trial to take place in the language that the accused seems to understand the best.
The presiding Judge makes this decision based on the principle that an accused is entitled to a fair trial. Any witness called at the trial by either the prosecution or the defence is entitled to testify in a language that is not the language of the accused. If this occurs the accused is entitled to have the assistance of an interpreter to permit the accused to understand the testimony provided in a foreign language. If an interpreter is required to assist the accused in understanding the evidence, the interpreter will be provided at the government’s expense.