At the federal level Canada has two official languages, but in most cases BC courts only accept court filings in English. This is because the official language policy of Canada largely applies to federal services and does not infringe upon each province’s right to decide its own language use. However, British Columbia has two exceptions to the English only requirement: criminal matters and divorce matters in the BC Supreme Court.
Criminal trials
Section 530 of the Criminal Code sets out the procedure by which an accused can be tried in either French or English. This includes trials by jury or judge alone. The accused may make an application to have the proceeding in either of the official languages any time before the trial date is set. Section 530(3) says that the judge before whom the accuses first appears must advise them of their right to have their trial in either official language.
Divorce proceedings BC Supreme Court
When Canada was first formed British Columbia exempted itself from s.133 of the Constitution Act, which dictated that either French or English could be used for debate in the House of Parliament. This means that MPs from British Columbia cannot be required to use French when debating in Parliament or drafting statutes. It also means that BC has no officially mandated language, either French or English, but English is used as a de facto official language despite there being no legislation specifically granting it that standing.
Since the province recognizes no official language, it allows the courts to set their own rules concerning use of language in court documents. Before December 1, 2024, French speaking persons were required to file Divorce Act proceedings in English, but since that date amendments came into force which allow for people to use both official languages in BC Supreme Court divorce matters. Changes made to the federal Divorce Act and the Supreme Court Family Rules allow people to file documents in either official language, have proceedings heard in French, and have transcripts or orders prepared in either official language.
Unlike the Supreme Court, BC Provincial Court (Family and Small Claims) has no rule specifically dictating the use of English in court filings, though they do have rules commanding the use of their approved forms, which are in English. The exception is a claim made in provincial court under the Family Law Act that also makes a claim under the Divorce Act. This type of joint relief proceeding can be held in French in order to avoid the need to hold two separate hearings and trials.
French versions of the Supreme Court Family Forms can be found on the Supreme Court website.
Content reviewed January 27, 2025
- Constitution Acts, 1867 to 1982 – Justice Laws
- Canadian Charter of Rights and Freedoms, Constitution Acts, 1867 to 1982 – Justice Laws
- BC Reg 188/2024 – BC Laws
- Criminal Code, RSC 1985, c. C-46 – Justice Laws
- Supreme Court Family Rules forms – version française – BC Government