V

The Importance of the Right to Understand in Case Law

In 1987, the Canadian Sentencing Commission acknowledged the importance of "addressing the lack of clarity and predictability in the process and in constructing a framework to encourage the exchange of information between all those involved in and affected by the sentencing process"^11. It linked the need to understand to public confidence in the justice system.

Case law, particularly since 1991 has strongly supported this emphasis throughout the criminal justice process, and has emphasized the links between understanding and Charter rights. The sections of the Charter¹² referred to most frequently in these cases to uphold the right to understand include:

s.10 (a) and (b):

Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

(b) to retain and instruct counsel without delay and to be informed of that right;

s.14:

A party or witness in any proceedings who does not understand or speak the language in which the profeedings are conducted or who is deaf has the right to the assistance of an interpreter; and

s. 24(2):

Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.