Will an Ontario court give you a Farsi interpreter, and is it free?

In a criminal case, yes. Ontario's Ministry of the Attorney General provides court interpretation in any language required in criminal and child protection matters, so an accused person who speaks Persian (Farsi) does not have to find or hire their own court interpreter. In family, civil and Small Claims cases, a Persian interpreter is free only if you have a fee waiver or a judge orders one; otherwise you book and pay for the interpreter yourself.

The right itself comes from the Constitution. Section 14 of the Canadian Charter of Rights and Freedoms says a party or witness in any proceedings who does not understand or speak the language of the proceedings "has the right to the assistance of an interpreter." Ontario courts work in English or French, and the Courts of Justice Act says that evidence given in another language is interpreted into English (s. 125(2)(a)). The rest of this guide explains who arranges the interpreter, when you have to ask, what happens with documents written in Persian, and where people lose the right by not using it. For the criminal, family and civil work the firm takes on, see our services page.

Who provides a Persian interpreter in each kind of case?

The ministry says it works with about 700 accredited freelance court interpreters covering more than 80 spoken languages. Interpreters are booked through each courthouse, which is why the request has to reach the right court office in time.

How do you ask for an interpreter, step by step?

Whoever makes the request should be ready to give the court the language (Persian or Farsi), who needs the interpreter (the accused, a surety or counsel), the type of appearance such as a bail hearing or trial, the date and time, and the court location. In a criminal case the request often happens in the first hours after an arrest, when a family is trying to arrange a surety; our guide to bail hearings in Ontario explains what a surety is asked to do, and the surety may need an interpreter as much as the accused.

The words "on the record" matter. A judge can only act on what is said in court. If you sit through an appearance without saying that you do not follow English, the court has no way to know, and the hearing goes ahead in English.

What about the police station, before any court date?

The court interpreter system described above covers court appearances. The first conversation with police comes earlier, and the Charter right that matters there is section 10(b): on arrest or detention, everyone has the right to retain and instruct counsel without delay and to be informed of that right. If you do not understand what an officer is saying, say so, ask for a Persian interpreter, and ask to speak to a lawyer before answering questions.

Legal Aid Ontario runs a free Brydges duty counsel line for people who are arrested or detained. Its fact sheet says the line is available 24 hours a day, 365 days a year, in English and French "as well as any other language through an interpreter", and that duty counsel calls back within 30 minutes once the officer places the call. You can also ask to call a lawyer of your choice. Our guide on rights in the first hours after an arrest walks through the rest of that night. If an officer has asked you to come in "just to talk", read our guide on what to do when police ask you to come in for an interview before you go.

Can a Persian speaker ask for a trial in French instead of English?

Yes, in some cases. Under section 530(2) of the Criminal Code, an accused whose language is not English or French can apply to be tried before a judge, or a judge and jury, who speak the official language in which the accused can best give testimony. The application must be made no later than the appearance at which the trial date is set, and the judge at the first appearance must tell the accused about this right and the deadline (s. 530(3)). For a Persian speaker who studied or worked in French, this can be worth discussing early. An interpreter is still available for anything the accused does not follow.

What happens to documents written in Persian?

Court interpretation covers what is said in the courtroom. Documents are a separate matter. Under the Courts of Justice Act, documents filed in an Ontario court must be in English or be accompanied by an English translation certified by the translator's affidavit (s. 125(2)(b)). That covers a marriage certificate from Iran in a divorce, a custody order from an Iranian court, bank or property records from Iran, and text messages in Persian that someone wants to use as evidence. In a criminal case, if a statement or message in the evidence was originally in Persian, ask your lawyer how it was translated and by whom.

Families with ties to Iran meet this rule most often in family court. Our guide on divorcing in Ontario after marrying in Iran explains which Persian documents a divorce usually needs. For a parenting order made in Iran, see custody orders from Iran or another country.

What changes the answer?

• The kind of case. Criminal and child protection cases get an interpreter in any language from the ministry. Family, civil and Small Claims cases get one only with a fee waiver or a court order (ontario.ca, Get a court interpreter).
• A fee waiver. With a fee waiver, you can ask for a free court interpreter in any language other than English or French, for yourself or your witness, using form FW-A 5 filed with the court office where you got the waiver. Without one, the ministry says you are responsible for booking and paying for the interpreter, with no refund (ontario.ca, Have your court fees waived).
• A court order. The ministry provides an interpreter in any language when the court orders it, in any kind of case.
• Whether you are a party, a witness or a surety. Charter s. 14 protects a "party or witness". The ministry's page also lists sureties among the people who may need an interpreter.
• How well you understand English. The Charter right applies to a person who "does not understand or speak the language" of the proceedings. Someone who manages everyday English may still not follow legal argument, and that is worth raising honestly.
• French. If you speak French, you have additional rights to proceedings in French (Courts of Justice Act s. 126; Criminal Code s. 530).

A worked example

For example, imagine a man in North York who moved from Tehran four years ago. He speaks some English at work but not legal English. He is arrested after an argument at home, and his brother, who speaks only Persian, offers to act as his surety. This is a hypothetical walk-through of the rules, not a description of any real case or result.

At the police station he says he does not understand the officer well, asks for a Persian interpreter, and asks to speak to a lawyer. Before the bail hearing, his lawyer asks the court for a Persian interpreter for both him and his brother, giving the court office the language, the type of appearance, the date and the courthouse. At the first appearance the judge tells him about his right to apply for a trial in English or French and the deadline for that choice. Months later, a separate family case about the children begins. There, a Persian interpreter is provided only if he qualifies for a fee waiver or the court orders one, so his family lawyer raises it at the start. His Iranian marriage certificate is filed with a certified English translation sworn by the translator.

What mistakes do people make about interpreters?

1. Getting by on partial English. Nodding along in a bail hearing or a plea can mean agreeing to conditions you did not understand.
2. Not saying it on the record. The ministry's guidance is to tell the judge or your lawyer on the record at the first appearance.
3. Expecting a free interpreter in family court without asking. In family, civil and Small Claims cases, a free Persian interpreter depends on a fee waiver or an order, and privately booked interpreters are not refunded.
4. Filing Persian documents without a sworn translation. The court needs an English translation certified by the translator's affidavit.
5. Forgetting the surety. A Persian-speaking surety who does not follow the hearing may not understand what they are promising.
6. Missing the language deadline. A request to be tried in French has to be made by the appearance at which the trial date is set.

What to do this week

1. Write down the court location, the next date and the type of appearance from the paperwork you were given.
2. Tell your lawyer, or the court office, that you need a Persian (Farsi) interpreter, and for whom: the accused, a surety or a witness.
3. If the case is family, civil or Small Claims, check whether you qualify for a fee waiver; if you do, file the interpreter request form (FW-A 5) as soon as you know the court date.
4. Collect any documents in Persian and arrange certified English translations with a translator's affidavit.
5. If you studied or worked in French, ask about a trial in French before the trial date is set.
6. Book a consultation; you can discuss your matter in English, Persian (Farsi) or French.

Frequently asked questions

My lawyer speaks Persian. Do I still need a court interpreter?

A lawyer who speaks Persian can explain things to you privately in your own language, which helps before and after court. The hearing itself still runs in English, so the court interpreter is what lets you follow the judge, the Crown and the witnesses as they speak.

Can a family member interpret for me in court?

The ministry's system relies on accredited court interpreters booked through the courthouse. A relative may have a stake in the case or may not know legal terms. If an accredited interpreter is not available, raise it with the judge on the record rather than carrying on without one.

What if the interpretation was poor?

Tell your lawyer right away, and raise it in court if you can. To complain about a court interpreter, contact management at the courthouse where the interpretation happened; they will help you complete an Interpreter Incident Report Form. The ministry may dismiss the complaint, require re-testing or retraining, or remove the interpreter from its registry.

Who pays if I do not qualify for a fee waiver in family court?

You do. The ministry's fee waiver page says that a person who does not qualify in a civil, family or Small Claims proceeding is responsible for booking and paying for interpreter services for themselves or their witness, and that the cost is not refunded. An English-French interpreter does not need a fee waiver.

Does the right cover witnesses as well as the accused?

Yes. Charter s. 14 protects any "party or witness" who does not understand or speak the language of the proceedings. When a witness needs a Persian interpreter, the lawyer calling that witness normally makes the request with the court office.

How much notice does the court need?

The ministry asks counsel to give court staff "as much notice as possible". For a first appearance after an arrest there may be very little time, which is why the request is often made in court, on the record.

Will the court translate my documents for free?

Not in the way it provides interpreters. Documents in a language other than English need an English translation certified by the translator's affidavit (Courts of Justice Act, s. 125(2)(b)). For pleadings and court process written in French, the court must provide a translation on a party's request (s. 126(2)).

Is an interpreter available in family court for a child protection case?

Yes. The ministry provides interpretation in any language required in child protection matters, as in criminal cases.

Related questions

If the person charged plans to travel, read travelling outside Canada while charged. A pending charge can also affect a passport renewal, which our guide on Canadian passports and pending charges explains. If you are not sure which court a family case belongs in, see which Toronto family court handles your case. Iranian-Canadian families can start with our overview of what a Persian-speaking family lawyer in Toronto does.

Sourena Sarbazevatan is a Persian-speaking lawyer, and you can discuss your matter with him in Farsi, English or French. Call +1 (416) 628-2041 or use the contact page.