Effective Date: 25 April 2025
CPD 10
Summary:
Section 530 of the Criminal Code requires the accused person to be advised of their right to be tried in the official language of their choice, and of the time before which an application for this purpose must be made.
This practice direction sets out the procedures for ensuring that an accused person has been advised of their s. 530 right.
Direction:
Where an accused person has previously been advised of their s. 530 right
- If the accused person has been advised of their s. 530 right in the Provincial Court, by way of an in-court appearance or the completion of a form acceptable to that court, and a record of that appearance or a copy of the form has been transmitted to the Supreme Court, the court will rely on this court record as meeting the requirements of s. 530.
Where an accused person has not previously been advised of their s. 530 right
- If the accused person has not previously been advised of their s. 530 right, the requirements of s. 530 may be met as follows:
- a. counsel advises the accused person of their s. 530 right and, together with the accused person, completes the form attached as Appendix A to this practice direction; or
- the accused person appears before a judge who informs the accused person of their s. 530 right during that appearance.
- Where counsel and the accused person complete the form, as described in paragraph 2(a), they should file it at the appropriate Court registry and send a filed copy to Crown Counsel and to Supreme Court Scheduling in the appropriate courthouse.
Judicial discretion
- In any circumstance, the Court may choose to conduct its own s. 530 inquiry in the manner it considers appropriate.
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