CHAPTER 2

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THE HEARING

2.3 Preliminary Objections

2.3.5 Motions on Linguistic Grounds

The Official Languages Act applies to the Board of Referees in such a way that an appellant may request a hearing in either of the official languages. If this is not done when a hearing is requested under s. R. 80 Section 80 of the Regulations, it is possible to do so when the hearing opens.

Moreover, s. 14 of the Canadian Charter Section 14 the Canadian Charter confers a right to the assistance of an interpreter before any court, including an administrative tribunal.^{364 Citation 364} The same right is conferred by s. 2(g) of the Canadian Bill of Rights Section 2(g) of the Canadian Bill of Rights.^{365 Citation 365} The assistance of an interpreter is obviously not limited to the official languages.^{366 Citation 366} The right to an interpreter has been strongly supported by the courts even though it was not shown that a lack of translation might have influenced the outcome of the case, it is enough to demonstrate harm has been done.^{367 Citation 367}

The members of the board are deemed to know the official language in which proceedings are conducted. However, it has been held that the fact that a member did not speak English did not constitute a breach of natural justice.^{368 Citation 368}

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