Crown to Pay Costs over Language Rights Violations

Posted on: May 20th, 2015 by Suzanne Deliscar Add A Comment

A recent court decision that orders the federal Crown to pay the costs of a preliminary hearing for a defendant in a cocaine trafficking case because of language rights violations sends an important message about the importance of these rights, says Brampton lawyer-linguist Suzanne Deliscar.

“I think it could be precedent-setting because it’s unusual for costs to be awarded against the Crown, but in this case, clearly there was an obligation to provide French-language services and it just didn’t happen,” she tells

R. v. Munkonda, 2015 ONCA 309 (CanLII), the Ontario Court of Appeal also quashed the committal for trial for Christian Munkonda.

“The number and severity of the violations of the appellant’s language rights and the conduct of the Crown and the court were reprehensible in this case,” Ontario Court of Appeal Justice Paul Rouleau says, in writing for the panel.

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