Article 14 of the Canadian Charter of the rights and freedoms

The article 14 of the Canadian Charte of the rights and freedoms is the last article of the legal heading Garanties of the Charte of the rights of the Constitution of Canada. It grants to each one the right to the assistance of a interprets at the time of a lawsuit if the person does not include/understand the Langue used or is deaf.

Text

The article is read as follows:

14. The part or the witness which cannot follow the procedures, either because they do not include/understand or do not speak the language employed, or because they are reached of deafness, is entitled to the assistance of an interpreter|Article 14 of the Canadian Charte of the rights and freedoms

History

Before the promulgation of the Charter in 1982, the right to an interpreter at the time of a lawsuit existed in the Common law because it was considered necessary to the natural Justice. The right was includes in the Canadian Déclaration of the rights in 1960. Article 2 (G) of the Déclaration stipulates that a person with right to “ assistance of an interpreter in procedures where it is blamed or left or pilot, before a court, a commission, an office, a council or another court, if it does not include/understand or the language does not speak in which are held these procédures. ”

Contrary to the Charter , the Déclaration of the rights was a federal law and not part of the Constitution of Canada. The Déclaration of the rights did not guarantee either this right to the people reached of deafness. The right relating to the language was includes in one of the first preliminary versions of the Charte ; the right for the deaf pesronnes appeared in a version gone back to April 1981.

The Supreme court of Canada already affirmed that the right is also based on the Multiculturalisme of Canada; the “ inheritance multiculturel ” of Canada is recognized with the article 27 of the Charte .

Interpretation

The rights implied to article 14 were defined by the Supreme court in the business R.C. Tran (1994) the judgment on necessary quality is resulting from the objective of the right which, being based on natural justice and the multiculturalism, stresses the fact that an defendant must entirely include/understand the lawsuit. Natural justice hears that the defendant can answer the charges. The Court also judged that the translation quality should not be so high that the defendant is still better informed than those which speak the language about the court.

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