The appellant, whose first language was French, was charged with first degree murder.
After his first trial ended in a mistrial and his second trial conviction was overturned, he applied for a third trial before a judge and jury who speak both official languages.
The pre-trial judge dismissed the application under s. 530(4) of the Criminal Code, and the appellant was convicted in English.
The Supreme Court of Canada allowed the appeal, holding that language rights must be interpreted purposively and substantively.
The Court found that the trial judge erred in focusing on the appellant's ability to speak English, as language rights are distinct from trial fairness.
A violation of s. 530 constitutes a substantial wrong, precluding the application of the curative proviso, and a new trial was ordered.
