External links
- Canlii.org section 14 digest
- Fundamental Freedoms: The Charter of Rights and Freedoms - Charter of Rights website with video, audio and the Charter in over 20 languages
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| Canadian Charter of Rights and Freedoms |
|---|
| Part of the Constitution Act, 1982 |
| Preamble |
| Guarantee of Rights and Freedoms |
| 1 |
| Fundamental Freedoms |
| 2 |
| Democratic Rights |
| 3, 4, 5 |
| Mobility Rights |
| 6 |
| Legal Rights |
| 7, 8, 9, 10, 11, 12, 13, 14 |
| Equality Rights |
| 15 |
| Official Languages of Canada |
| 16, 16.1, 17, 18, 19, 20, 21, 22 |
| Minority Language Education Rights |
| 23 |
| Enforcement |
| 24 |
| General |
| 25, 26, 27, 28, 29, 30, 31 |
| Application |
| 32, 33 |
| Citation |
| 34 |
Section 14 of the Canadian Charter of Rights and Freedoms is the last section under the "Legal rights" heading in the Charter. It provides anyone in a court the right to an interpreter if the person does not speak the language being used or is deaf.
The section states:
14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Before the Charter was enacted in 1982, the right to an interpreter in a trial existed under the common law, because it was believed to be necessary for natural justice. The right was incorporated into the Canadian Bill of Rights in 1960. Section 2(g) of this Act read that a person has a right to "the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted."
Unlike the Charter, the Bill of Rights was a statute and not part of the Constitution of Canada. The Bill of Rights also did not guarantee this right to the deaf community. The language right was included in an early draft of the Charter, and the rights belonging to the deaf later appeared in April 1981. [1]
The Supreme Court of Canada has said the right also has a basis in Canada's multiculturalism. Canadians' "multicultural heritage" is recognized in section 27 of the Charter. [2]
The rights implied by section 14 were defined by the Supreme Court in the case R. v. Tran (1994), which involved an interpreter for a defendant who spoke Vietnamese in an English language trial. The Supreme Court found that section 14 requires the translation to be of consistent quality ("continuity") and unbiased accuracy. However, not everything in the trial must be translated if it is not truly important to the defendant's rights. [3] The finding on the required quality came from the purpose of the right, which, based in natural justice and multiculturalism, emphasized that a defendant must fully understand the trial. Natural justice means a defendant can respond to accusations. The Court also stated that the quality of the translation must not be so high that the defendant is actually more informed than those who speak the court's language. [2]
People asking for an interpreter must demonstrate an inability to understand the language of the court and ask for section 14 rights to be fulfilled. However, Tran established that this burden "will not normally be an onerous step," [2] and some courts with a high volume of cases involving multicultural parties will routinely provide interpreters upon request without much if any inquiry as to need. The court itself is also responsible for satisfying the right, and sometimes a section 14 request does not have to be made by a defendant in order for an interpreter to be provided under section 14. [2]
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In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. Named for the U.S. Supreme Court's 1966 decision Miranda v. Arizona, these rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of Miranda."
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all governments in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.
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The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
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Section 1 of the Canadian Charter of Rights and Freedoms is the section that confirms that the rights listed in the Charter are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's Charter rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography, hate speech, and obscenity.
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Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
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