General Principles

To establish a violation of s. 14, the appellant must demonstrate, on a balance of probabilities, that he was actually in need of such assistance at trial – i.e., that he did not understand or speak the language being used in court: R v Chica, 2016 ONCA 252 at para 26

An Accused's s. 14 Charter rights do not depend on his having asserted the right to interpreter assistance. Nonetheless, the timing of his interpreter complaint may undermine his assertion that he needs such assistance to properly comprehend the evidence or defend himself at trial. This is particularly so if the issue is raised for the first time on appeal: Chica at para 34

On Appeal

Absent any indication from a fair reading of the trial transcript that the accused did not understand the proceedings or that he could not be understood for language-related reasons, the trial judge in not obliged, on his own motion, to conduct an inquiry into the accused's need for an interpreter or to order one: Chica at para 35