The applicant, an English-speaking accused, sought to challenge prospective jurors for cause based on their English language proficiency, pursuant to s. 638(1)(f) of the Criminal Code, having obtained a s. 530(1) order for an English trial.
The court denied the application, finding that the s. 530 order was not serving its intended purpose of ensuring equal access to justice in an official language where it would not normally occur.
The court also found that the applicant failed to establish an "air of reality" to the need for such a challenge, as the provided census data on "mother tongue" did not directly correlate to current English language abilities, and the standard jury selection process already addresses language competence.
