A B.C. Supreme Court Justice has upheld a lower-court decision rejecting a request to conduct a trial in Canada's other official language for a downtown Prince George nightclub fighting two pandemic-era tickets.
Supporters of the Lambda Cabaret, now known as Club 1177, had been seeking to have the trial heard in French or before a bilingual judge, on the basis that the key witnesses are francophone.
However, in a decision issued in May, Provincial Court Judge Martin Nadon found the petitioner failed to provide evidence that the nightspot's "sole director and officer" Linda Allen conducts her affairs in any language other than English, thus falling short of the threshold as spelled out under the Criminal Code.
Supporters subsequently filed a petition with the B.C. Supreme Court seeking a review but, in a decision issued last week, Justice Marguerite Church found they failed to demonstrate that Nadon erred in his interpretation of the law.
In doing so, Church found that the fact that the nightspot's house manager, who spoke to the court during a hearing on the matter in July, is francophone fell short of the threshold. The language rights set out under the relevant section of the Criminal Code, "can only be exercised by the accused," namely Allen, the justice found.
Nadon's decision does not rule out the use of an interpreter.
Allen is fighting two tickets issued by the Liquor and Cannabis Regulation Branch in September 2021 for alleged violations of COVID-related restrictions. The tickets were issued for "dancing and congregating" and carry fines of up to $4,300, according to a petition to the court.
A trial on the matter had originally been set for March 23, 2022, and the notice setting the date stated that the defendant had to notify the court immediately upon receipt if they wanted the hearing conducted in French.
Lawyer Saron Gebresellasi did not do so but nonetheless was able to secure an adjournment and, Church noted, a request for a trial in French was not filed until January 11, 2023, and that no affidavit or other evidence showing Allen could communicate in French was provided.
Six days later, Nadon declined the application and Gebresellasi responded by filing a further application, this time citing a section of the Criminal Code, but once again without evidence Allen could communicate with counsel or understand the proceedings in French.
In March, Nadon once again turned down a request for a trial in French and on the same day, Gebresellasi filed an application for a bilingual trial. Following a hearing the next month, Nadon turned down that application in May and the matter was taken to B.C. Supreme Court.
In the meantime, a trial that had been set for two days starting on July 31 was adjourned pending the decision and a hearing to fix a date for the trial has been set for October 4.
