Yes
Last Updated: August 22 2026
Can a defendant or witness in a Canadian criminal trial get a translator or interpreter?
In most Canadian criminal proceedings, both a defendant and a witness who does not understand or speak the language used in court has the right to an interpreter under Charter of Rights and Freedoms, and courts aim to ensure the assistance is qualified, impartial, and can accurately support a fair trial, though the right is not always automatic if the court decides it is unnecessary based on language proficiency and case complexity; for guidance on when an interpreter should be provided in your matter, DefendCharges.Lawyer lawyer support is available at (647) 977-5997.
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Does an accused person or witness to a criminal proceeding have a legal right to an interpreter?
Yes, in the majority of cases, individuals who are accused of a crime or are witnesses to a criminal proceeding have the right to an interpreter, although this right is not absolute.
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
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
The constitutional right, per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, the right right to the assistance of an interpreter is prescribed at section 14, known as the Charter of Rights and Freedoms, which states:
Interpreter
(14) 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. Equality Rights
