JUSTICE WATCH: Justice Briana Hardwick overturns domestic assault conviction over language-rights failure
The Crown conceded the appeal after the trial judge relied on defence counsel, rather than asking Matthew Prenovost himself, to confirm he knew he could be tried in French.
A bilingual British Columbia man convicted of assaulting his former partner will receive a new trial because the original trial judge failed to personally confirm that he understood his right to be tried in French.
B.C. Supreme Court Justice Briana Hardwick overturned Matthew Prenovost’s conviction on October 28 and ordered a new French-language trial.
The ruling does not acquit Prenovost or determine whether the assault occurred. It sets aside the conviction because the process used to establish his preferred official language did not comply with the Criminal Code.
Prenovost was convicted following an English-language trial in June 2024.
The Crown described the underlying 2023 incident as a prolonged assault during which Prenovost’s former partner was thrown around, choked and injured. Provincial Court Judge Lynett Jung later sentenced him to a six-month conditional sentence followed by probation.
The complainant has not been publicly identified.
Lawyer said trial would proceed in English
Prenovost is bilingual. His former lawyer told the court that the trial would be conducted in English.
On the first day of proceedings, Jung reportedly asked counsel whether the requirements of section 530 of the Criminal Code had been followed. However, she did not personally ask Prenovost whether he understood his right to choose an English or French trial.
Hardwick found that relying on the lawyer’s assurance was insufficient.
That remained the case despite Prenovost’s ability to speak and understand English. He also confirmed at sentencing that he understood what was taking place.
Crown counsel conceded the appeal and agreed that the conviction should be set aside, according to a Castanet courtroom report.
Supreme Court ruling governs language rights
The decision follows the Supreme Court of Canada’s 2024 ruling in R. v. Tayo Tompouba.
In that case, the Supreme Court held that judges must ensure accused persons are personally advised of their right to be tried in either official language.
The right does not apply only to people who cannot understand the language being used in court. It guarantees access to criminal proceedings in the official language chosen by the accused.
When a judge fails to ensure an accused was properly informed, the law presumes that the person’s fundamental language right was violated.
New trial ordered
Hardwick set aside Prenovost’s assault conviction and ordered a new French-language trial.
The conviction was overturned because of a procedural failure, not because the appeal court found that Prenovost misunderstood the English proceedings or that the evidence was insufficient.
The result also leaves the complainant facing another trial over an incident that allegedly occurred in 2023.
Written reasons for Hardwick’s ruling do not appear to have been published.
Prenovost is again presumed innocent unless and until he is convicted at the new trial.
Sheila Gunn Reid
Chief Reporter
Sheila Gunn Reid is the Editor-in-Chief, Alberta Bureau Chief, member of the board of directors, and host of The Gunn Show at Rebel News. Sheila also serves as President of the Independent Press Gallery of Canada. A mother of three and longtime conservative activist, Sheila is the author of bestselling books, including her most recent release, Independence Blueprint: What Alberta Can Learn From Quebec.
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