Can a summons issued in English only be served in French?
Canada (Federal), Canada
The following excerpt is from Bilodeau v. A.G. (Man.), [1986] 1 SCR 449, 1986 CanLII 64 (SCC):
22. Wilson J. (dissenting)‑‑I agree with the Chief Justice for the reasons given by him that the summons served on the appellant is not invalid by virtue only of the fact that it was issued pursuant to an invalid statute. However, for the reasons I gave in MacDonald v. City of Montreal, [1986] 1 S.C.R. 460, (released concurrently herewith), I believe it violates the appellant's linguistic rights under s. 23 of the Manitoba Act, 1870 and is invalid for that reason. In my view, just as a person living in the Province of Quebec whose language is English is entitled under s. 133 of the Constitution Act, 1867 to an accommodation of his or her linguistic rights in the issuance of a French summons, so also is a person who is living in the Province of Manitoba whose language is French entitled under s. 23 of the Manitoba Act, 1870 to a similar accommodation in the issuance of an English summons. As I stated in MacDonald the state's obligation can be discharged by an addendum to the summons in the other official language notifying the recipient of the nature and importance of the document and directing him or her to obtain a translation from court officials.
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