Lawyer demands parking ticket trial be held in French
Unreasonable delays from city's troubles finding French speaking lawyer, defence attorney says
Daniel Campbell
Northern News Services
Published Wednesday, May 14, 2014
SOMBA K'E/YELLOWKNIFE
A Yellowknife defence lawyer says he's waited long enough for his trial over a $50 parking ticket to start, and is now calling on the courts to have the fine quashed.
Serge Petitpas has been demanding for a year to be tried in French, which the city has so far been unable to accommodate.
Originally from Moncton, N.B., and of Acadian descent, Petitpas speaks French as his first language. Although he is bilingual and often represents English-speaking clients in the Northwest Territories, Petitpas says he's exercising his constitutional language rights.
"French is my first language and I have every right to be tried in my mother tongue," he told Yellowknifer Monday.
In Canada, any accused are allowed to request a trial in either of the two official languages.
Petitpas was ticketed on May 22, 2013 and has made numerous appearances in territorial court on the matter.
He says he's tried to accommodate the city, but after nearly a year he's fed up.
On Monday, the eve of his trial, Petitpas filed a motion asking for his case to be dismissed because it has taken too long for it to go to trial.
"On Friday it'll be 359 days. That's an unreasonable time frame on such a minor infraction," said Petitpas.
Kerry Penney, the city's only lawyer, said the matter has been adjourned a number of times at the consent of both parties.
During a brief court appearance last Friday - conducted in English - Daryle Foster, a bylaw officer with the city, said a bilingual officer was supposed to prosecute the case on Monday, but he's on sick leave until June 19.
Petitpas, who declined to comment on the particulars of the case, told the court he's been "inconvenienced" by the number of appearances he's had to make on his ticket.
Judge Robert Gorin told Foster anyone who speaks French can prosecute the city's case on its behalf, and instructed the officer to find someone so that the trial can go forward.
Gorin then scheduled the trial for Friday.
Penney, who says she wouldn't feel confident prosecuting a French trial, isn't sure what the city will do Friday. Its options, she said, range from hiring a French-speaking lawyer to simply having a bilingual person translate for her.
It's not the first time the NWT courts have had issues with French-language trials.
In May 2012, an Inuvik schoolteacher found guilty of assault, forcible entry and failing to keep the peace and be of good behaviour had his conviction overturned because he hadn't been informed of his right to have a trial conducted in French.
Then in August, facing separate charges of child molestation and marijuana trafficking, the Supreme Court declared a mistrial after being unable to get enough French jurors for his trial.
Hugh Latour, whom Petitpas represented during the mistrial, had all charges against him stayed later that month.
Petitpas declined to comment on his practice or any clients he has represented in the past.
The courts now regularly ask the accused about language rights at the beginning of any proceeding.
Petitpas said if his motion is granted, it could result in a stay of proceedings. If not, he says he'll fight the ticket at trial.
