Criminal Code

Marginal note:Where order granted under section 530

530.1 Where an order is granted under section 530 directing that an accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language that is the language of the accused or in which the accused can best give testimony,

• (a) the accused and his counsel have the right to use either official language for all purposes during the preliminary inquiry and trial of the accused;

• (b) the accused and his counsel may use either official language in written pleadings or other documents used in any proceedings relating to the preliminary inquiry or trial of the accused;

• (c) any witness may give evidence in either official language during the preliminary inquiry or trial;

• (d) the accused has a right to have a justice presiding over the preliminary inquiry who speaks the official language that is the language of the accused;

• (e) except where the prosecutor is a private prosecutor, the accused has a right to have a prosecutor who speaks the official language that is the language of the accused;

• (f) the court shall make interpreters available to assist the accused, his counsel or any witness during the preliminary inquiry or trial;

• (g) the record of proceedings during the preliminary inquiry or trial shall include

  • (i) a transcript of everything that was said during those proceedings in the official language in which it was said,

  • (ii) a transcript of any interpretation into the other official language of what was said, and

  • (iii) any documentary evidence that was tendered during those proceedings in the official language in which it was tendered; and

• (h) any trial judgment, including any reasons given therefor, issued in writing in either official language, shall be made available by the court in the official language that is the language of the accused.