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
Hackers release corporate data stolen from London Drugs
Retailer London Drugs says cybercriminals who stole files from its corporate head office last month have released some of the data after it refused to pay a ransom.
Toronto man falls off his chair after seeing $70M Lotto Max win in his bank account
A Toronto man who won $70 million in a recent Lotto Max draw literally fell off his chair when he saw the funds in his bank account.
Montreal-area high school students protest 'sexist' dress code
Approximately 50 Montreal-area students — the vast majority of them female — were suspended Wednesday after their school deemed the shorts they were wearing were too short. On Thursday, several students staged a walk-out to protest what they believe is a "sexist" dress code that unfairly targets girls.
'Looking over our shoulders': A killing looms large in a little B.C. town
Something shifted in the pretty little village of Lumby, B.C., after Tatjana Stefanski vanished. It used to be the sort of place where parents let their kids roam free or play in the local creek, but everything has changed.
'I won't stop,' Celine Dion says in trailer for upcoming doc about her health woes
Celine Dion's fans are getting a first glimpse of the superstar's struggle with a rare neurological disorder in an emotional trailer for an upcoming documentary about her career and life.
Tim Meadows pledges not to shave until the Oilers win the cup, who are the team's other famous fans?
An unlikely celebrity emerged from social media to cheer on the Edmonton Oilers as they face the Dallas Stars tonight in Game 1 of the Western Conference Finals.
American Airlines retreats after blaming a 9-year-old for not seeing a hidden camera in a lavatory
American Airlines has distanced itself from a court filing in which the carrier said a nine-year-old girl should have noticed there was a camera taped to the seat of an airplane lavatory.
Luxury beauty brand Clarins to pull out of Hudson's Bay stores in Canada
French luxury makeup and skincare brand Clarins is pulling out of Hudson's Bay stores in Canada.
'It's over': Minister says B.C.'s decision on Surrey police transition upheld in court
The B.C. Supreme Court has ruled in the provincial government's favour on the City of Surrey's legal challenge to its ongoing transition to a municipal police force, according to B.C. Minister of Public Safety and Solicitor General Mike Farnworth.