Three levels of court in B.C. have rejected francophone’s bid to have his trial heard in French. (Photo: Tom Zytaruk).

No French trial for francophone in Surrey

Accused has lost in provincial, supreme and appeal court to have his one-hour trial heard in French

A man set to be tried in Surrey provincial court under the Motor Vehicle Act for driving while prohibited has lost yet another attempt to have his case heard in French.

Joseph Roy Eric Bessette, a francophone, appeared in the Surrey court on Jan. 19, 2015, and asked that his trial be done in French. The case was adjourned to Jan. 28 and the Crown advised him, two days prior to that date, that it would oppose his request.

Provincial court Judge Peder Gulbransen dismissed Bessette’s application to be tried in French on July 13, 2015. The Crown noted that B.C. law since 1858 has been that proceedings in all of the province’s courts must be in the English language.

“While Canada is a bilingual country and all provinces should support the ability of those who speak either official language to use those languages effectively in any province, including participating in court proceedings, ultimately the decision to pass laws for that purpose is completely up to the province,” Gulbransen noted. “British Columbia has chosen not to specifically provide that persons being prosecuted under the provincial statutes may be granted the right to have their trial in French.”

On March 14, 2016, Bessette filed a petition in B.C. Supreme Court in New Westminster seeking to quash Gulbransen’s decision, but Justice Murray Blok did not rule in Bessette’s favour.

“The provincial court may have been right or it may have been wrong in its ruling — a matter on which I express no opinion — but it was competent to make the ruling it did,” Blok noted in his reasons for judgment.

Bessette then went to the Court of Appeal for British Columbia, in Vancouver, asking it to set aside Blok’s order, quash Gulbransen’s decision and direct that his provincial court trial be conducted in French.

Justice Richard Goepel noted that the appeal court was advised Bessette’s trial “would likely take no more than an hour.”

Goepel dismissed his appeal on July 13, 2017, concluding that “Mr. Bessette has not shown any error in principle or other reason why this court should intervene.”

Justices Mary Saunders and Lauri Ann Fenlon concurred.

tom.zytaruk@surreynowleader.com

Just Posted

VIDEO: Surrey soccer team wins national title for teammate Bassi, killed in car crash last spring

‘It meant the world to us to win it for him,’ says team manager/coach

RCMP shoot dog in South Surrey after it charges officer

Member of the public not seriously injured after dog bite

South Surrey mother leads team of women to build homes in El Salvador

Kelley McNamara and her daughter are to help build a dozen homes in three days

Donation allows Peace Arch Hospital to buy new ventilator

TB Vets donate $73,000 to hospital foundation

Paul Bennett honoured at Peace Arch Hospital Foundation awards

Cloverdale man, murdered in June 2018, was one of a number of people to be honoured

B.C.’s rural paramedic program expands, with home support

Advanced care ambulance staff added for six communities

BC Ferries sees steady traffic of post-Thanksgiving weekend travellers

Ferries filling up fast, sailing waits at some terminals

‘Save the kids!’ Dorian survivor tells the harrowing story of his Canadian wife’s death

Family held a funeral and placed Alishia Liolli’s remains in a niche at a cemetery in Windsor, Ont.

Okanagan woman, 91, votes at advance polls despite broken hip, shoulder and wrist

Angela Maynard has voted in almost every election during her lifetime

Heiltsuk Nation open first Big House in 120 years in northern B.C.

Opening means the community now has an appropriate space for spiritual and ceremonial events

Singh says NDP would form coalition with the Liberals to stop Tories

Singh was in a Liberal-held riding Sunday afternoon in Surrey where he was pressed about his post-election intentions

‘My heart goes out to the mother’: B.C. dad reacts to stabbing death of Ontario boy

Carson Crimeni, who was also 14, was bullied relentlessly, his dad says

BC Ferries filling up fast with post-Thanksgiving weekend travellers

Monday anticipated to be busiest day of the weekend

The one with the ‘Friends’ photoshoot: Kelowna group recreates TV show intro

A friend’s departure prompted them to create something that really says, “I’ll be there for you”

Most Read