Section Fourteen of the Canadian Charter of Rights and Freedoms
Encyclopedia
Section Fourteen 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.
, because it was believed to be necessary for natural justice
. The right was incorporated into the Canadian Bill of Rights
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
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
has said the right also has a basis in Canada's multiculturalism
. Canadians' "multicultural heritage" is recognized in section 27
of the Charter.
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. 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.
Usually a person who wishes to have an interpreter must ask for his or her section 14 rights to be fulfilled and carries the burden of proof that he or she actually does not understand the court's language. 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.
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. It provides anyone in a court the right to an interpreter if the person does not speak the language
Language
Language may refer either to the specifically human capacity for acquiring and using complex systems of communication, or to a specific instance of such a system of complex communication...
being used or is deaf.
Text
The section states:Background
Before the Charter was enacted in 1982, the right to an interpreter in a trial existed under the common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, because it was believed to be necessary for natural justice
Natural justice
Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. Whilst the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly"...
. The right was incorporated into the Canadian Bill of Rights
Canadian Bill of Rights
The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...
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
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
and not part of the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in 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
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
has said the right also has a basis in Canada's multiculturalism
Multiculturalism
Multiculturalism is the appreciation, acceptance or promotion of multiple cultures, applied to the demographic make-up of a specific place, usually at the organizational level, e.g...
. Canadians' "multicultural heritage" is recognized in section 27
Section Twenty-seven of the Canadian Charter of Rights and Freedoms
Section Twenty-seven of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the courts...
of the Charter.
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 VietnameseVietnamese language
Vietnamese is the national and official language of Vietnam. It is the mother tongue of 86% of Vietnam's population, and of about three million overseas Vietnamese. It is also spoken as a second language by many ethnic minorities of Vietnam...
in an English language
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
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. 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.
Usually a person who wishes to have an interpreter must ask for his or her section 14 rights to be fulfilled and carries the burden of proof that he or she actually does not understand the court's language. 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.
External links
- Canlii.org section 14 digest
- Fundamental Freedoms: The Charter of Rights and Freedoms - Charter of Rights website with video, audio and the Charter in over 20 languages