In Canada, a person charged with a crime has the right to apply before their trial or preliminary hearing<p><span lang="EN-US">A hearing before a criminal trial where the judge decides if there is enough evidence to have a trial. Held only in cases involving indictable (serious) offences, when the prosecutor or accused person requests it.</span><span>&nbsp;</span></p> is set to have their trial or preliminary inquiry in either of Canada’s two official languages (English and French) or in both languages. This is set out in section 530 of the Criminal Code<p><span lang="EN-US">Criminal Code of Canada (CCC)</span><span lang="EN-US"> is the federal law that applies across Canada and sets out criminal offences, sentences and how a criminal case proceeds. A judge must follow the law in the </span><span lang="EN-US">Criminal Code</span><span lang="EN-US">.</span><span>&nbsp;</span></p>. An accused person may ask for a French trial even if they speak fluent English so long as they have the ability to properly conduct a trial in French. The judge can then makes an order for a French trial or for a bilingual trial if a French-speaking accused applies for one. 

When the trial is conducted in French, the judge, lawyers and accused all speak French during the trial. If a witness must give testimony in a language other than French, that testimony is translated into French. When the trial is conducted in both languages the lawyers, the accused and the judge may speak in either official language. 

Even if the accused does not ask for a French trial, the judge who will conduct their trial may order a French or bilingual trial if it is in the interests of justice to do so.

All accused persons must be advised of their right to a French-language trial or preliminary inquiry.  

For traffic court hearings a disputant can also apply for a French or bilingual trial before their trial date. 

If an accused or disputant would like to apply for a French or bilingual trial after the date of the trial or preliminary inquiry has been set, they may wish to talk to a lawyer to get legal advice.    

There is no right to have your family trial or your small claims trial held in French. 

Criminal Code, s. 530

Procès criminels et audiences pour infractions routières en langue française

Au Canada, une personne accusée d’un crime a le droit de demander, avant la tenue de son procès ou de son enquête préliminaire, que son procès ou son enquête préliminaire se déroule dans l’une ou l’autre des deux langues officielles du Canada (anglais ou français) ou dans les deux langues.

Procès criminels et trafic en francais