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.