Supreme Court orders new trial for B.C. francophone who was not given French option
A francophone man in British Columbia convicted of sexual assault will get a new trial because he was not informed of his right to be tried in French, the Supreme Court ruled Friday.
Franck Yvan Tayo Tompouba appealed his conviction on the basis that his language rights were violated because he was not told his trial could be conducted in his preferred official language.
“There may be cases in which accused persons are not duly informed of this fundamental linguistic right and of how it is to be exercised,” Chief Justice Richard Wagner wrote in the 5-2 decision.
“This appeal is an example of such a situation, and it is a reminder that Canada's linguistic minorities too often still experience difficulties in accessing justice in the official language of their choice.”
The case arrived at the Supreme Court after the B.C. Court of Appeal dismissed the matter.
The top court heard the initial judge did not ensure Tayo Tompouba had been informed of his right to have a trial in French, as is required by the Criminal Code when an accused's language is either French and English.
The Appeal Court erred in dismissing his bid by saying it was the accused's responsibility to prove that his language rights had been violated, Wagner wrote for the majority.
As a result, the top court quashed his conviction and ordered that a new trial be held in French.
Wagner described as “fundamental” and “absolute” the right of an accused to be tried in the official language of their choice.
The decision details how the right is so essential that an accused only has to “assert” which language “is their own language,” unless the Crown chooses to challenge that.
Judges are not to try and determine an accused's cultural identity or wade into the issue of their personal language preferences, it added.
“In a context as intimidating as that of a criminal trial, when the accused's freedom is at stake,” Wagner wrote, it is crucial that a judge help protect one's language rights “by being vigilant, cautious and proactive.”
It's the role of a judge to remove the “fear” connected to exercising such rights, and to make sure their decision is both “free” and “informed,” the decision says.
“The judge cannot presume what the accused's choice is or assume that the accused has been or will be advised of their right,” including by their own lawyer.
In a dissenting decision, justices Andromache Karakatsanis and Sheilah Martin acknowledged the language rights of an accused, but disputed whether a failure to provide notice of such rights amounts to a “miscarriage of justice.”
They believe the appeal should have been dismissed.
The judges warn that public confidence in the system risks being undermined by granting someone a new trial who waited until after their conviction to raise their language rights.
They contend an accused must do more than simply point to how a court failed to inform them of their right.
This report by The Canadian Press was first published May 3, 2024.
CTVNews.ca Top Stories
Blaine Higgs 'furious' over sexual education presentation
New Brunswick Premier Blaine Higgs has shared his anger on social media over a presentation in at least four high schools.
Driver, 18, gets $3,000 ticket, 32 demerit points after speeding on Laval boulevard
A young driver received a hefty fine from Laval police after they say he was driving nearly 100 km/h over the posted speed limit.
This type of screen time has the worst effect on kids: experts
According to some experts, there is one type of screen time that is continuously excessive, and it's having a severe effect on our children.
Trump confronts repeated boos during raucous Libertarian convention speech
Donald Trump was booed repeatedly while addressing Saturday night’s Libertarian Party National Convention.
Grayson Murray, two-time PGA Tour winner, dead at 30
Two-time PGA Tour winner Grayson Murray died Saturday morning at age 30, one day after he withdrew from the Charles Schwab Cup Challenge at Colonial.
Man throws flaming liquid on New York City subway, burns fellow rider
A man set a cup of liquid on fire and tossed it at fellow subway rider in New York City, setting the victim's shirt ablaze and injuring him.
At least 9 dead in Texas, Oklahoma and Arkansas after severe weather roars across region
Powerful storms killed at least nine people and left a wide trail of destruction Sunday across Texas, Oklahoma and Arkansas after obliterating homes and destroying a truck stop where drivers took shelter during the latest deadly weather to strike the central U.S.
As Canada warms, infectious disease risks spread north
Cases of Lyme disease have now increased more than 1,000 per cent in a decade as the warming climate pushes the boundaries of a range of pathogens and risk factors northward.
12 people injured after Qatar Airways plane hits turbulence on way to Dublin
Twelve people were injured when a Qatar Airways plane flying from Doha to Dublin on Sunday hit turbulence, airport authorities said.