The Importance of Accurate Translation in Legal Proceedings for Assault

Accurate translation in legal proceedings is absolutely essential for a variety of reasons. In today’s blog article, we are going to talk about the importance of accurate translation as it relates to criminal assault and other criminal offences. However, the general principles of fairness in legal proceedings apply to all legal matters in Canada.

Due Process

Under Canadian law, there is a principle called Due Process. Due Process is the idea that the government (and the law) must respect and protect each person’s individual rights. One of the most fundamental rights is to understand the proceedings and to be understood. 

In fact, if a person cannot understand the legal proceedings, then one could argue that the person cannot stand trial or participate in his or her own defence.

In Canada, and in the UK and the US, as well as many other countries such as France and Denmark, there exists some form of Due Process. 

Language Barrier

So, if during an assault hearing or trial or proceedings, if the accused cannot understand the language of the lawyers or the judge, then the accused must be offered a translator at the court’s expense. Not only does the accused have to be able to understand what is being said, but the others in the court proceedings also have to be able to understand the language of the accused.

Accurate and efficient translation, therefore, is fundamental to the legal proceedings, such as a criminal case like assault which we are discussing here. An accused cannot participate in his or her defence if he or she cannot understand what is happening.

Similarly, an accused cannot be given a fair and impartial trial if no one in the courtroom can understand the accused.

And, in Canada, legal proceedings are worthless if they are not fair and impartial. An inaccurate translation can lead to misunderstood testimony, incorrect conclusions, and unfair biases. For this reason, translation in a Canadian legal context is particularly important.

If you have been charged with assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients.

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.