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How do I ask for my trial to be in French?
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How do I ask for my trial to be in French?
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Criminal Law - Going to criminal court
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Ministry of the Attorney General
Ministry of the Attorney General
Association of French Speaking Jurists of Ontario (AJEFO)
Ontario Court of Justice
Ministry of the Attorney General
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How do I ask for my trial to be in French?
Reviewed:
November 20, 2017
Answer
Anyone charged with a criminal offence in Canada has the right to a trial in English or French. This means that the Crown prosecutor, judge, and jury must speak and understand the language.
If you speak French, you have the right to have your trial in French. But you must make an application.
The deadline for filing your application depends on what you've be charged with and the court where your trial will be held. The deadline will be before your trial date.
1. Talk to a lawyer
If you want to have your trial in French, talk to a criminal lawyer.
The Association des juristes d’expression française (AJEFO) has a directory of French-speaking lawyers. You can search the directory by name, city, or area of law. You can also search for a lawyer who accepts legal aid certificates.
The lawyer can tell you how to make an application. The deadline for filing your application depends on what you've been charged with and where your trial will be held.
A lawyer will usually ask you to pay money known as a retainer before they start working for you. If you qualify for a Legal Aid certificate, you could hire a lawyer who accepts certificates instead.
If you can’t afford a lawyer, contact Legal Aid Ontario to find out what other services you're eligible for.
Legal Aid pays lawyers at the courthouse, known as duty counsel, to give free legal advice to people who can’t afford a lawyer. Duty counsel won't complete your application, but they can tell you how to complete the application.
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Legal Aid Ontario
Legal Aid Ontario
Reviewed:
November 2017
2. If your trial is in the Ontario Court of Justice
The Ontario Court of Justice holds trials for people charged with an:
- indictable offence
- summary offence
- absolute jurisdiction offence
If you're charged with an indictable offence, you can decide whether you want to have your trial in the Ontario Court of Justice or the Superior Court of Justice. Making this choice is referred to as making an election.
If you're charged with a summary offence or an absolute jurisdiction offence, your trial must be held in the Ontario Court of Justice. An absolute jurisdiction offence can be prosecuted summarily or by indictment.
Application deadline
In the Ontario Court of Justice, the deadline for filing your application to have your trial in French depends on what you're charged with. Talk to your lawyer to make sure you understand when your application is due.
If your matter is handled as a summary offence, your application to have the trial in French is due when you schedule your trial.
If you're charged with an indictable offence, your application is due when you make your election.
You May Also Need
Law Society of Upper Canada
Legal Aid Ontario
Reviewed:
November 2017
3. If your trial is in the Superior Court
In the Superior Court of Justice, the deadline for filing your application to have your trial in French depends on your case. Talk to your lawyer or duty counsel to make sure you understand when your application is due.
Indictable offences
If you're charged with an indictable offence, you can decide whether you want to have your trial in the Superior Court of Justice. You can also decide whether you want to have a preliminary inquiry in the Ontario Court of Justice first.
If you choose the Superior Court of Justice and a preliminary inquiry, your application to have the trial in French is due when you're ordered to go to a trial. You will be given this order at the end of your preliminary inquiry in the Ontario Court of Justice.
If you choose the Superior Court of Justice without a preliminary inquiry, your application to have the trial in French is due when you make your election.
Section 469 offences
If you're charged with an offence listed in section 469 of the Criminal Code, your application is due when you're ordered to go to trial.
Direct Indictments
If a direct indictment is preferred against you, you will be ordered to go to trial in the Superior Court of Justice. When this happens, the preliminary inquiry process is skipped and your case goes straight to trial. Your application to have the trial in French is due when your trial date is set in the Superior Court.
Ask a lawyer or duty counsel if you're not sure when your application to have the trial in French is due. Duty counsel won't complete your application for you, but they can tell you the correct time to file and how to complete the application.
You May Also Need
Law Society of Upper Canada
Legal Aid Ontario
Reviewed:
November 2017