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The Charter, Section 14: Interpreter
Last Updated: August 23 2026
Question: In Ontario criminal trials, do defendants or witnesses have a right to a translator?
Answer: Yes, in most Canadian criminal proceedings a defendant or witness who does not understand or speak the language used, or who is deaf, has the right to the assistance of an interpreter under Charter of Rights and Freedoms, with the goal of ensuring they can understand the case and participate fairly. This right is not always automatic in every detail, because courts can consider factors like the complexity of the matter and the person’s language proficiency, and sometimes an interpreter may be required only when it is necessary to protect fairness. If you need help requesting an interpreter or addressing interpreter issues during a criminal court process, DefendCharges.Lawyer can help you navigate the request and next steps with a lawyer in Ontario, call (647) 977-5997 for a consultation.
Does a defendant or witness in a criminal trial have the right to a translator?
Yes, in the majority of cases, individuals who are accused of a crime or are witnesses to a criminal proceeding have the right to an interpreter, although this right is not absolute.
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