In Toronto we love to boast about our multicultural city. Currently there are over 145 languages spoken in Toronto. And, over 40% of our immigrants speak very little English or no English at all. This has created an enormous problem for our legal system given that Section 14 of the Charter guarantees everyone the assistance of an interpreter. But with over 145 languages now spoken in Toronto, and this does not take into account all of the dialects, are we really able to guarantee this guarantee?

In order to be an interpreter in a courthouse one must pass the Attorney-General’s accreditation test. The courthouse facing the greatest linguistic challenges in the GTA is in Brampton, which requires the services of more interpreters than any other area in all of Canada. It is estimated that well over 5,000 cases each year require interpreters with skills in Punjabi, Urdu, Tamil, Cantonese, Somali, Kurdish, Spanish, and Polish. It is a well-known fact that the Brampton courthouse regularly uses unqualified interpreters – some have failed the course or not taken it all together. Even those who do become accredited don’t meet the basic standards of court interpreting and would not be able to pass any test in legal terminology.

In 1994 a Supreme Court decision declared that legal interpreters must be competent and impartial. The other issue is the difference between being accredited and certified. In Ontario there are 1,000 accredited court interpreters but only 20 who are certified. Ottawa is still placing the onus on our immigrants, believing that it is their responsibility to speak either English or French proficiently. What does this say about how we are treating our immigrants? What kind of justice are we meting out to new Canadians? Has multiculturalism created a 2 class system of justice?