The English-speaking appellants, having obtained orders under s. 530(1) of the Criminal Code for trials before English-speaking judges and juries, sought to challenge prospective jurors for cause under s. 638(1)(f) on the ground of insufficient English language proficiency.
The trial judges dismissed these applications, concluding that a s. 530 order alone did not automatically entitle an accused to such a challenge without an "air of reality" or "realistic potential" for language competency issues.
The Court of Appeal upheld the trial judges' decisions, finding that the s. 530 orders were not necessary in these cases as the trials were already in English, and the purpose of s. 530 is to assist official language minorities, not to enforce minimum fair trial conditions for majority language speakers.
The court affirmed that a threshold showing of realistic potential is required for challenges for cause under s. 638(1)(f), similar to s. 638(1)(b), and that existing jury selection processes (Juries Act qualifications, pre-vetting) adequately address language competency.
The appeals were dismissed, and convictions affirmed.
