Court System of Canada - Languages Used in Court

Languages Used in Court

English and French are both official languages of the federal government of Canada. Either official language may be used by any person or in any pleading or process in or issuing from any Court of Canada established by Parliament under the Constitution Act, 1867. This constitutional guarantee applies to the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Tax Court of Canada, and the Court Martial Appeal Court. Parliament has expanded on that constitutional guarantee to ensure that the federal courts are institutionally bilingual.

The right to use either language in the provincial and territorial courts varies. The Constitution guarantees the right to use either French or English in the courts of Quebec and New Brunswick. There is a statutory right to use either English or French in the courts of Ontario and Saskatchewan, and a limited right to use French in oral submissions in the courts of Alberta.

As well, in all criminal proceedings under the Criminal Code of Canada, every accused whose language is either English or French has the right to be tried in the language of their choice, as well as to have any appeals heard in the language of their choice. As a result, every court of criminal jurisdiction in Canada, whether federal, provincial or territorial, must have the institutional capacity to provide trials and appeals in either language.

Furthermore, under section 14 of the Canadian Charter of Rights and Freedoms a party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.