In light of the Supreme Court of Canada’s decision in R. v. Tayo Tompouba, 2024 SCC 16, regarding language rights at trial, counsel may be required to attend court with their client to ensure the court has fully canvassed section 530(3) of the Criminal Code with the accused. LABC is considering a fair way to compensate counsel who are required to make additional appearances and arrangements for their clients who already have matters before the court in this transitional period.
We are also aware of litigation before the Provincial Court that could make satisfying the s. 530 requirement more practical. More information on this will be provided as it is available. As a reminder, we keep a list of lawyers who have indicated they are comfortable conducting a criminal trial in French. LABC will authorize travel when necessary for any client requesting a French-speaking lawyer for their French language trial.