BenchPress.

• Date: 01 September 2019
• Author: Steingard, Jessica

Right to B.C. Provincial Court Trial in French

Bessette v British Columbia (Attorney General), 2019 SCC 31

Mr. Bessette was charged with a traffic offence in British Columbia under the province's Motor Vehicle Act. He asked that his trial in the Provincial Court be held in French. Mr. Bessette argued that the Court should apply s. 530 of the Criminal Code. That provision gives an accused the right to have their trial in French or English.

Mr. Bessette made the following arguments:

1. B.C.'s Motor Vehicle Act does not say anything about the language of a trial;

2. B.C.'s Offence Act, which sets out rules for the procedure of provincial offences trials, is also silent on the language of trial; and

3. section 133 of the Offence Act says that the Criminal Code applies where there are gaps in the Act.

The Crown argued that an 18th-century law applied that adopted all English criminal laws. The Provincial Court, the Supreme Court and the Court of Appeal all agreed with the Crown and decided Mr. Bessette's application was premature. The courts said he could raise this...