At the federal level Canada has two official languages, but in most cases BC courts only accept court filings in English. This is because the official language policy of Canada largely applies to federal services and does not infringe upon each province’s right to decide its own language use. However, British Columbia has two exceptions to the English only requirement: criminal matters and divorce matters in the BC Supreme Court.
Criminal trials
Section 530 of the Criminal Code sets out the procedure by which an accused can be tried in either French or English. This includes trials by jury or judge alone. The accused may make an application to have the proceeding in either of the official languages any time before the trial date is set. Section 530(3) says that the judge before whom the accused first appears must advise them of their right to have their trial in either official language.
Civil Proceedings BC Supreme Court
When Canada was first formed British Columbia exempted itself from s.133 of the Constitution Act, which dictated that either French or English could be used for debate in the House of Parliament. This means that MPs from British Columbia cannot be required to use French when debating in Parliament or drafting statutes. It also means that BC has no officially mandated language, either French or English, but English is used as a de facto official language despite there being no BC legislation specifically granting it that standing.
Since the province recognizes no official language, it allows the courts to set their own rules concerning use of language in court documents.
Case Law
Conseil Scolaire Francophone de la Colombie-Britannique v. British Columbia is a BC Court of Appeal decision that established a requirement for civil proceedings in British Columbia to be conducted in English. In that case, the court was asked to determine whether:
a Supreme Court judge presiding in British Columbia over a civil proceeding has the discretion to permit documents in the French language to be filed as exhibits to an affidavit without accompanying English translations
In coming to its decision, the court relied on an English statute from 1731 and the Law and Equity Act which brought into British Columbia the laws of England as of November 19, 1858. The 1731 statute provided that all court proceedings shall be in the English tongue. Finding that the 1731 Act was still in force in British Columbia, the Court of Appeal the Court concluded:
Having found that the requirement for civil proceedings in British Columbia to be conducted in English is prescribed by statute, I conclude that there is no discretion for a judge of the Supreme Court of British Columbia presiding over civil proceedings to admit documentary evidence in any other language for the truth of its contents without an accompanying English translation.
Divorce Proceedings BC Supreme Court
Since the province recognizes no official language, it allows the courts to set their own rules concerning use of language in court documents. Before December 1, 2024, French speaking persons were required to file Divorce Act proceedings in English, but since that date amendments came into force which allow for people to use both official languages in BC Supreme Court divorce matters. Changes made to the federal Divorce Act and the Supreme Court Family Rules allow people to file documents in either official language, have proceedings heard in French, and have transcripts or orders prepared in either official language. Guidance and timelines for the purpose of scheduling family matters in French are found in Family Practice Direction 20, French Language and Bilingual Divorce Act Proceedings.
BC Provincial Court
The BC Provincial Court (Family and Small Claims) has no rule specifically dictating the use of English in court filings, though they do have rules commanding the use of their approved forms, which are in English. The exception is a claim made in provincial court under the Family Law Act that also makes a claim under the Divorce Act. This type of joint relief proceeding can be held in French in order to avoid the need to hold two separate hearings and trials.
French versions of the Supreme Court Family Forms can be found on the Supreme Court website.
Content reviewed June 30, 2025
- Constitution Acts, 1867 to 1982 – Justice Laws
- Canadian Charter of Rights and Freedoms, Constitution Acts, 1867 to 1982 – Justice Laws
- BC Reg 188/2024 – BC Laws
- Criminal Code, RSC 1985, c. C-46 – Justice Laws
- Supreme Court Family Rules forms – version française – BC Government
- Family Practice Direction 20 – French Language and Bilingual Divorce Act Proceedings – BC Supreme Court
- Conseil Scolaire Francophone de la Colombie-Britannique v. British Columbia
- Proceedings in the Courts of Justice Act, 1731 (UK) 4 Geo. II, c. 26 – Available on site at Courthouse Libraries BC