Top court orders new trial for francophone B.C. man who was not given French option

A francophone man in British Columbia convicted of sexual assault will get a new trial because he was not informed of his right to be tried in French, the Supreme Court ruled Friday.

"There may be cases in which accused persons are not duly informed of this fundamental linguistic right and of how it is to be exercised," Chief Justice Richard Wagner wrote in the 5-2 decision.

Supreme Court of Canada Chief Justice Richard Wagner gestures as he responds to a reporters question during a news conference, in Ottawa, Tuesday, June 13, 2023.

The Appeal Court erred in dismissing his bid by saying it was the accused's responsibility to prove that his language rights had been violated, Wagner wrote for the majority.

"In a context as intimidating as that of a criminal trial, when the accused's freedom is at stake," Wagner wrote, it is crucial that a judge help protect individuals' language rights "by being vigilant, cautious and proactive."

The judges warn that public confidence in the system risks being undermined by granting someone a new trial who waited until after their conviction to raise their language rights.