Supreme Court orders new trial for B.C. francophone who was not given French option

OTTAWA — The Supreme Court is ordering a new trial for a francophone man in British Columbia who says he was not informed of his right to have a trial in the official language of his choice.Franck Yvan Tayo Tompouba appealed his sexual assault conviction on the basis that his language rights were violated because he was not told his trial could be conducted in French.

"There may be cases in which accused persons are not duly informed of this fundamental linguistic right and of how it is to be exercised," Chief Justice Richard Wagner wrote in the majority decision. The decision details how the right is so essential that an accused only has to"assert" which language"is their own language," unless the Crown chooses to challenge that.

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