My colleagues can add to my response as I am not completely familiar with the case. However, it appears clear to us that the Criminal Code clearly states that every accused has the right to a trial before a judge, a crown attorney and a jury who speak the same official language as him or her. These rights are very clear. If a court misreads, misunderstands or misinterprets these provisions, it is up to the accused and his or her counsel to determine what the next step should be to ensure this right is respected. In some cases, they will appeal the decision.
Evidence of meeting #13 for Justice and Human Rights in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was accused.
A recording is available from Parliament.