Let's say that the accused appears before a trial judge for the first appearance during his case. Under the Criminal Code, the judge must advise the accused of his right to choose the official language, French or English, in which he would like his trial to be held.
Generally, the judges base their decision on the person's name. So if the name of the person appearing appears to be francophone, for example Mr. Rémillard, the judge will advise the person of his right to be tried in the official language of his choice. If the person's name does not appear to be a francophone name, such as Mr. Damer, the judge may neglect to advise the accused person of his right.
We believe that the active offer of service must be done in every case. We cannot assume that because someone's name is Boivin they are necessarily francophone. Why would the judge not make an active offer of service to a Mr. Johnson, for example? Everyone should be able to exercise their rights.