action and that the respective court have jurisdiction to decide the legal issue. There is no
difference in the fees or charges for Canadian citizens, permanent residents, or foreign nationals
in Canada who wish to pursue or defend a cause of action.190
In criminal law matters, “everyone” in Canada has constitutionally protected access to court; this
includes every human being who is physically present in Canada.191 In addition, there is a right to
an interpreter in criminal proceedings192 and refugee proceedings193 when the individual does not
understand the language of the court. This is due to the nature of the rights at stake. With respect
to the right to an interpreter in civil proceedings between private parties, this is not
constitutionally protected and the case law indicates that if the litigant requires an interpreter, the
litigant is responsible for the interpreter’s fees.194
b. Article 16(2)
Legal Assistance
In regards to legal assistance, there is a constitutionally protected right to counsel in criminal law
proceedings195 and also a legislated right in immigration proceedings.196 For a right to counsel in
most civil matters however, the right to counsel depends on the circumstances of the case. The
Supreme Court of Canada has held that where an individual’s right to a fair trial requires counsel
represent the individual, the judge can order state-funded counsel after considering: the
seriousness of the interests at stake; the complexity of the proceedings; and the capacities of the
appellant.197 It is noteworthy that this latter principle was recognized in the context of a child
protection proceeding brought by the state. The right to counsel, or the right to state-funded
Courts of Justice Act, RSO 1990, c C.43, at s. 1(1), available at: http://canlii.ca/t/52cmq [Ontario Courts of
Justice Act]; and Rules of Civil Procedure, RRO 1990, Reg 194, s. 1.03(1), available at: http://canlii.ca/t/52f7j
[Ontario Rules of Civil Procedure].
189
Code of Civil Procedure, CQLR c C-25, at s. 55, available at: http://canlii.ca/t/52cw9 [QC Code of Civil
Procedure].
190
See Alberta Rules of Court, supra note 186 at Schedule B; BC Court Civil Rules, supra note 187 at Appendix C;
Superior Court of Justice and Court of Appeal - Fees, O Reg 293/92, available at: http://canlii.ca/t/51wdb; Tariff of
Court Costs in Civil Matters and Court Office Fees, CQLR c T-16, r 9, available at: http://canlii.ca/t/52dkn.
191
Charter, supra note 45 at ss. 7 & 11; and Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R.
177, available at: http://canlii.ca/t/1fv22.
192
Charter, supra note 45 at s. 14. See also, R. v. Tran, [1994] 2 S.C.R. 951, available at: http://canlii.ca/t/1frqw.
193
Mohammadian v. Canada (Minister of Citizenship and Immigration), 2001 FCA 191, at para. 20, available at:
http://canlii.ca/t/4k29.
194
Marshall v. George Vale Golf Club (1987), 39 D.L.R. (4th) 472 (BCSC); Wyllie v. Wyllie, (1987), 37 D.L.R.
(4th) 376 (BCSC), available at: http://canlii.ca/t/23f9x.
195
Charter, supra note 45 at s. 7, 10(b), & 11(d). Section 10 of the Charter: “Everyone has the right on arrest or
detention…to retain and instruct counsel without delay and to be informed of that right…” Also, see R. v.
Rowbotham, 1988 CanLII 147 (ONCA), at paras. 145, 169 & 170, available at: http://canlii.ca/t/1npn6, where the
Ontario Court of Appeal interpreted s. 7 of the Charter to give judges the discretion to order state-funded counsel
where necessary for a fair trial. The judge is to take into account the accused's financial situation, the complexity
and length of the trial, the accused’s lack of competence and the substantial possibility of lengthy imprisonment.
196
IRPA, supra 20 at s. 167(1). There is a constitutionally protected right to counsel in detention review hearings:
Charter, ibid.
197
New Brunswick (Minister of Health and Community Services) v. G. (J.), [1999] 3 SCR 46, at para. 75, available
at: http://canlii.ca/t/1fqjw.
188
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