Is there a Canadian language right for a litigant to be heard and understood by a court in his or her choice of language?
Canada (Federal), Canada
The following excerpt is from Brenneur v. The Queen, 2010 TCC 610 (CanLII):
In addition to Canadians’ language rights, the principles of fundamental justice referred to in section 7 of the Charter clearly establish a right for a litigant to be heard and understood by a court in the language of his or her choice. In Société des Acadiens du Nouveau‑Brunswick v. Association of Parents for Fairness in Education, 1986 CanLII 66 (SCC), [1986] 1 S.C.R. 549, Justice Beetz wrote, at p. 577: The common law right of the parties to be heard and understood by a court and the right to understand what is going on in court is not a language right but an aspect of the right to a fair hearing. It is a broader and more universal right than language rights. It extends to everyone including those who speak or understand neither official language. It belongs to the category of rights which in the Charter are designated as legal rights and indeed it is protected at least in part by provisions such as those of ss. 7 and 14 of the Charter . . .
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