Criminal Code

Marginal note:If order granted

530.1 If an order is granted under section 530,

• (a) the accused and his counsel have the right to use either official language for all purposes during the preliminary inquiry and trial of the accused;

• (b) the accused and his counsel may use either official language in written pleadings or other documents used in any proceedings relating to the preliminary inquiry or trial of the accused;

• (c) any witness may give evidence in either official language during the preliminary inquiry or trial;

• (c.1) the presiding justice or judge may, if the circumstances warrant, authorize the prosecutor to examine or cross-examine a witness in the official language of the witness even though it is not that of the accused or that in which the accused can best give testimony;

• (d) the accused has a right to have a justice presiding over the preliminary inquiry who speaks the official language of the accused or both official languages, as the case may be;

• (e) the accused has a right to have a prosecutor — other than a private prosecutor — who speaks the official language of the accused or both official languages, as the case may be;

• (f) the court shall make interpreters available to assist the accused, his counsel or any witness during the preliminary inquiry or trial;

• (g) the record of proceedings during the preliminary inquiry or trial shall include

  • (i) a transcript of everything that was said during those proceedings in the official language in which it was said,

  • (ii) a transcript of any interpretation into the other official language of what was said, and

  • (iii) any documentary evidence that was tendered during those proceedings in the official language in which it was tendered; and

• (h) any trial judgment, including any reasons given therefor, issued in writing in either official language, shall be made available by the court in the official language that is the language of the accused.