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The Charter, Section 14: Interpreter
Last Updated: July 13 2026
Question: Can a defendant or witness in an Ontario criminal trial get an interpreter or translation of the proceedings, and what should they do to request one?
Answer: Charter of Rights and Freedoms, 1982, c. 11, s. 14” of the Charter of Rights and Freedoms gives a party or witness who does not understand or speak the language of the proceedings (or who is deaf) the right to the assistance of an interpreter in the criminal process, which helps them understand the charges, evidence, and what happens in court to support a fair trial. The right is not automatic in every detail, because the judge can consider factors like the case complexity and the person’s language ability to decide what assistance is necessary, and sometimes arrangements (including cost issues) may be handled by the court process. If you or a witness needs language assistance in Ontario, reach out to DefendCharges.Lawyer so a criminal lawyer can help you request the right accommodation early for your next appearance by calling (647) 977-5997.
Does a defendant or witness in a criminal trial have the right to a translator?
In most instances, people accused of or witnessing a crime have the right to an interpreter, though this is not a guaranteed right.
Right to An Interpreter
The right to an interpreter in the Canadian criminal justice system is a fundamental right that is protected by the Canadian Charter of Rights and Freedoms. This right is particularly important for accused persons who are not fluent in either English or French, the two official languages of Canada. Under the Charter, accused persons have the right to understand the proceedings against them and to make informed decisions. This includes the right to understand the evidence presented against them, to understand the charges against them, and to understand the legal advice they receive. An interpreter can help ensure that an accused person is able to exercise their right to a fair trial.
Right to An Interpreter Is Not Absolute
The right to an interpreter is not absolute. The court must consider a number of factors when determining whether an interpreter is necessary, such as the complexity of the case, the accused person’s language proficiency, and the potential impact of the accused’s lack of language proficiency on the proceedings. In some cases, the court may decide that an interpreter is not necessary. For example, if the accused person is able to understand the proceedings and make informed decisions, the court may decide that an interpreter is not necessary. In other cases, the court may decide that an interpreter is necessary but that the accused person must pay for the interpreter’s services.
The Law
As per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, a constitutional right right to the assistance of an interpreter is mandated within section 14 of the Charter of Rights and Freedoms which reads:
Interpreter
(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. Equality Rights