B.C. man charged with driving offence can have trial in French: Supreme Court

Anyone charged with a provincial offence in British Columbia has a right to a trial in English or French just like a criminal trial, the Supreme Court of Canada says.

ricBessette, afrancophoneman living in B.C.,was charged in 2014 under the Motor Vehicle Act for driving while prohibited. Before histrial began, he asked to have it conducted in French.

His trial has been paused as his request woundits way through the courts.

Under Canada's Criminal Code, accused havethe right to a trial in English or French.

The provincial courtrejectedBessette'srequest,saying that inB.C., trials for provincial offences had to be conducted in English.

On Thursday, the Supreme Court of Canada overturned that ruling clearing the way for Bessette to now have his trial in French.

The court noted B.C.'s Offence Act which sets out the rules onhow trials for provincial offences should be conductedin B.C. does not explicitly mention language rights.

The court wrote that in case of gaps, the act saysthe Criminal Code wouldapply.

"The plain intent of s. 133 of theOffence Actis to allow for incorporation of certainCriminal Codeprovisions in broad and general terms," the decision stated.

The court said that if you used the language provisions stated in the Criminal Code to fill in the gap,trials for provincial offences should also be allowedin either language.

Impact beyond B.C.

The case could have an impact beyond British Columbia in provinces with similar gaps in their legislation, said Alexandra Heine, a Franco-Albertan, recent law school graduate, and upcomingclerk at the Court of Queen's Benchin Albertawho has followed the case closely.

"It's extremely important," Heine said."Because we are a country with two official languages, in my opinion, we should have the right to have any trial heard in French with a French judge, a French clerk, and a French prosecutor."

She says it will still take some time before the other provinces line up.

"Just because B.C. can now do it [doesn't mean] that Alberta can," Heine said, adding it depends on what legislation currently exists.

With this Supreme Court of Canada decision, however, she says the precedent is to favour trials in both officiallanguages.

"The Supreme Court has spoken, so we know now in those provinces where there is a gap in the legislation, you will be able to have your trial heard in French," she said.