Franck Yvan Tayo Tompouba appealed his conviction on the basis that his language rights were violated because he was not told his trial could be conducted in his preferred official language.
The Appeal Court erred in dismissing his bid by saying it was the accused's responsibility to prove that his language rights had been violated, Wagner wrote for the majority.Wagner described as"fundamental" and"absolute" the right of an accused to be tried in the official language of their choice. "In a context as intimidating as that of a criminal trial, when the accused's freedom is at stake," Wagner wrote, it is crucial that a judge help protect one's language rights"by being vigilant, cautious and proactive."
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