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What Would Happen If Someone Requested A Language Interpreter For A Language That Is Very Uncommon?

Posted: Wed Apr 08, 2020 2:52 pm
by PatrickE

Hypothetical question..


If someone were to request a language interpreter for a very uncommon language for their early resolution meeting with a prosecutor, what would happen? If they managed to find said interpreter would I be expected to speak the language?


Re: What Would Happen If Someone Requested A Language Interpreter For A Language That Is Very Uncommon?

Posted: Thu Apr 09, 2020 10:41 am
by bend

Firstly, asking for an interpreter when none is needed would be considered a false statement and an offense in itself.


Secondly, why? Early resolution meetings are trials are two different processes. The purpose of attending an early resolution is largely based on your own request to receive a deal in return for a guilty plea. You're only wasting your own time by suggesting wasting others. If there's room for a deal, they'll offer you one. You can either take it or go to trial. That's an early resolution meeting in a nutshell. There is no requirement to make you an offer. You're not there to mount a defense. If that's not satisfactory, opt for the trial option.


Re: What Would Happen If Someone Requested A Language Interpreter For A Language That Is Very Uncommon?

Posted: Thu Apr 09, 2020 1:58 pm
by highwaystar

As Bend said, it would be a waste of your time to request an ER if you don't plan on considering a guilty plea. Otherwise, just go straight to trial.


Now, if you are going to request an interpreter at trial, they will do their very best to find one for you. They will go through some amazing leaps to get you the interpreter you need. I know they have even flown interpreters in just to conduct a trial over $85! (e.g. some African tribal languages). If the language is VERY rare, it may take a lot longer for your case to get resolved, but they'll eventually find someone and the court will give them lots of leeway on delays. After all, the delay is for YOUR benefit. As Bend stated, you certainly would NOT want to lie about your language abilities to the court. Bottom line: they'll try to accommodate you as best as possible, but if they can't, the court will allow the case to proceed in one of Canada's official languages and will do its best to protect your rights as best as possible.