Franck Yvan Tayo Tompouba to get a new trial after SOC affirms he had right to a trial in the official language of his choice
Chief Justice Richard Wagner called the case of Franck Yvan Tayo Tompouba, 'a reminder that Canada ’s linguistic minorities too often still experience difficulties in accessing justice in the official language of their choice.'The Supreme Court of Canada has strengthened the right to a trial in English or French, by throwing out a sexual-assault conviction even though the accused raised the language issue for the first time on appeal.judges in the majority.
Mr. Tompouba, who emigrated from Cameroon in 2013, was charged in late 2017 with sexually assaulting a woman he met on Tinder. She invited him back to her home and they shared the same bed, kissing and cuddling in their underwear before she fell asleep, turned away from him. She said she woke to find him having intercourse with her without her consent.
At trial, he argued that she was awake and consented – even though he had previously confessed to police that he knew she had been asleep. The B.C. Court of Appeal upheld the conviction in a 3-0 ruling in 2022, expressing concern that essentially harmless violations would be used for tactical purposes.The majority said the initial judge’s failure to inform Mr. Tompouba of his right to choose a trial in French had the effect of “tainting” the trial court’s judgment. The dissenters, both of whom are fluently bilingual, said the trial court’s judgment did not undermine the correctness of the verdict.
The dissenters, on the other hand, said it was up to Mr. Tompouba himself to show that he truly had not known of his right. His lawyers did not provide any evidence on this point, or on why he had waited till his appeal to assert his language right. They argued that the judge’s failure to inform him of his right was a serious enough injustice on its own, in light of Canada’s constitutional values of equality between the English and French languages.
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Supreme Court orders new trial for B.C. francophone who was not given French optionOTTAWA — 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. The top court ruled 5-2 in the decision released Friday.
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Supreme Court orders new trial for B.C. francophone who was not given French optionOTTAWA — 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. The top court ruled 5-2 in the decision released Friday.
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Supreme Court orders new trial for B.C. francophone who was not given French optionOTTAWA — 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. The top court ruled 5-2 in the decision released Friday.
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