The appellant was charged with a provincial driving offence in British Columbia and applied to be tried in French pursuant to s. 530 of the Criminal Code.
The provincial court dismissed the application, holding that the 1731 Act mandated English-only proceedings.
The Supreme Court of Canada held that s. 133 of the Offence Act incorporates s. 530 of the Criminal Code, granting the right to be tried in either official language in provincial offence proceedings.
The Court further held that the provincial court's refusal to honour this right constituted a jurisdictional error amenable to immediate certiorari review, and that an appeal following conviction was not an adequate alternative remedy given the fundamental and personal nature of the language right violated.
