Section 14 of the ''
Canadian Charter of Rights and Freedoms'' is the last section under the "Legal rights" heading in the ''Charter''. It provides anyone in a court the right to an
interpreter if the person does not speak the
language being used or is
deaf.
Text
The section states:
Before the ''Charter'' was enacted in 1982, the right to an interpreter in a trial existed under the
common law, because it was believed to be necessary for
natural justice. The right was incorporated into the ''
Canadian Bill of Rights
The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in rel ...
'' in 1960. Section 2(g) of this Act read that a person has a right to "the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted."
Unlike the ''Charter'', the ''Bill of Rights'' was a
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
and not part of the
Constitution of Canada. The ''Bill of Rights'' also did not guarantee this right to the deaf community. The language right was included in an early draft of the ''Charter'', and the rights belonging to the deaf later appeared in April 1981.
The
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
has said the right also has a basis in Canada's
multiculturalism. Canadians' "multicultural heritage" is recognized in
section 27 of the ''Charter''.
[''R. v. Tran'', 1994 CanLII 56 (S.C.C.), 9942 S.C.R. 951.]
Interpretation
The rights implied by section 14 were defined by the Supreme Court in the case ''
R. v. Tran'' (1994), which involved an interpreter for a defendant who spoke
Vietnamese in an
English language trial. The Supreme Court found that section 14 requires the translation to be of consistent quality ("continuity") and unbiased accuracy. However, not everything in the trial must be translated if it is not truly important to the defendant's rights.
[Hogg, page 1150.] The finding on the required quality came from the purpose of the right, which, based in natural justice and multiculturalism, emphasized that a defendant must fully understand the trial. Natural justice means a defendant can respond to accusations. The Court also stated that the quality of the translation must not be so high that the defendant is actually more informed than those who speak the court's language.
People asking for an interpreter must
demonstrate an inability to understand the language of the court and ask for section 14 rights to be fulfilled. However, ''Tran'' established that this burden "will not normally be an onerous step,"
and some courts with a high volume of cases involving multicultural parties will routinely provide interpreters upon request without much if any inquiry as to need. The court itself is also responsible for satisfying the right, and sometimes a section 14 request does not have to be made by a defendant in order for an interpreter to be provided under section 14.
Notes
External links
Canlii.org section 14 digestFundamental Freedoms: The Charter of Rights and Freedoms- Charter of Rights website with video, audio and the Charter in over 20 languages
{{DEFAULTSORT:Section Fourteen Of The Canadian Charter Of Rights And Freedoms
Section 14
Language policy in Canada
Language legislation