What is the test for having an interpreter at a hearing?
Ontario, Canada
The following excerpt is from R. v Singh, 2016 ONSC 3688 (CanLII):
In Regina v. Tran (1994), 1994 CanLII 56 (SCC), 92 C.C.C. (3d) 218 (S.C.C.), at p. 255, the court described the right to an interpreter as belonging to a person “who genuinely cannot speak and/or understand the language of the proceedings”. At pp. 241-2, the court observed that, “it must be clear that the [claimant] was actually in need of interpreter assistance … the right to [an] interpreter … is not an automatic or absolute one” – the claimant “must demonstrate that he or she satisfies … the conditions precedent to entitlement of the right”.
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