The applicant, a Francophone, was convicted of driving without insurance after his paralegal pled guilty on his behalf in English.
He appealed to the Ontario Court of Justice, where he was assisted by an interpreter and indicated he wanted a bilingual appeal and had experienced communication issues with his paralegal.
The appeal judge dismissed the appeal after the applicant confirmed he had authorized the guilty plea.
The applicant sought leave to appeal to the Court of Appeal, arguing his language rights were violated.
The Court of Appeal granted leave, finding that whether a Francophone appellant is entitled to a bilingual appeal even if they did not request a bilingual trial raises an issue of public interest and the proper administration of justice.