The Charter, Section 14: Interpreter

Question: Does a defendant or witness in a criminal trial have the right to an interpreter in Canada?

Answer: Yes, under section 14 of the Canadian Charter of Rights and Freedoms, The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, defendants and witnesses in a criminal trial have the right to an interpreter if they do not understand the language used in court. This right ensures fair trial proceedings by allowing them to comprehend all aspects of the trial. For helpful legal guidance tailored to your situation, reach out to DefendCharges.Lawyer today.

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Does a defendant or witness in a criminal trial have the right to a translator?

In most instances, people accused of or witnessing a crime have the right to an interpreter, though this is not a guaranteed right.

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Right to An Interpreter

The right to an interpreter in the Canadian criminal justice system is a fundamental right that is protected by the Canadian Charter of Rights and Freedoms. This right is particularly important for accused persons who are not fluent in either English or French, the two official languages of Canada. Under the Charter, accused persons have the right to understand the proceedings against them and to make informed decisions. This includes the right to understand the evidence presented against them, to understand the charges against them, and to understand the legal advice they receive. An interpreter can help ensure that an accused person is able to exercise their right to a fair trial.

Right to An Interpreter Is Not Absolute 

The right to an interpreter is not absolute. The court must consider a number of factors when determining whether an interpreter is necessary, such as the complexity of the case, the accused person’s language proficiency, and the potential impact of the accused’s lack of language proficiency on the proceedings. In some cases, the court may decide that an interpreter is not necessary. For example, if the accused person is able to understand the proceedings and make informed decisions, the court may decide that an interpreter is not necessary. In other cases, the court may decide that an interpreter is necessary but that the accused person must pay for the interpreter’s services.

The Law

As per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, a constitutional right right to the assistance of an interpreter is mandated within section 14 of the Charter of Rights and Freedoms which reads:

Summary Comment

In any case, the court must ensure that the accused person is provided with an interpreter who is qualified to interpret in the language required. The interpreter must be impartial and must be able to accurately interpret the proceedings. The right to an interpreter is an important right that must be respected in the Canadian criminal justice system. It is essential that accused persons are able to understand the proceedings against them and make informed decisions in order to ensure that they receive a fair trial.