Interpretation Services Guidelines
Interpretation Services Guidelines
TRANSLATION OF DOCUMENTS FILED WITH THE COURT
Parties may exercise their right to use either of Canada’s official languages throughout court proceedings. The translation of court documents from one official language to the other is provided without cost to the parties at any time during the proceedings.
The translation of court documents is the responsibility of the Courts only after filing and will commence when:
- An English document is filed and the opposing party responds in French or requests a translation before responding.
- A French document is filed and the opposing party responds in English or requests a translation before responding.
The translation of all documents filed will continue throughout the proceedings until English or French is indicated to be the language of preference either by order of the Court or by consent of the parties.
As the translation of documents on a file may vary (such as a party requesting the translation of a specific court document later in the proceedings), each file is dealt with on an individual basis.
LANGUAGE INTERPRETATION OF COURT PROCEEDINGS
Language interpretation services in Manitoba are provided in the following circumstances:
1. From one Official Language to the other for all Criminal, Civil, and Family proceedings
- A party or witness to a proceeding requiring interpretation from one official language to the other official language will receive the service at no cost from Translation Services ONLY.
- Interpretation for a witness is restricted to their testimony only.
- Before setting a date, counsel or the self-represented party must make it known to the appropriate Motion/Hearing/Trial Coordinator that French or English interpretation services are required.
- Counsel or the self-represented party must also provide any background material (such as copies of court documents/material that will be relied on at hearing) to the Motion/Hearing/Trial Coordinator preferably two weeks prior to the hearing date in order that this information can be forwarded to the interpreters for their pre-court preparation.
- Exception: Where there is Crown involvement (including outside counsel hired on the Crown’s behalf), a member of the Crown Attorneys Office will coordinate and complete the request for interpretation with the Interpretation Section Head, Translation Services, before contacting the Motion/Hearing/Trial Coordinator to set a hearing date. Crown Counsel will provide any background material preferably two weeks prior to the hearing date directly to the Interpreters for their pre-court preparation.
Types of French/English language interpretation:
a. Consecutive Interpretation – Standard Practice
A method by which an interpreter provides, as exactly as possible, a word-for-word translation of the speaker’s words. The speaker is required to pause frequently, allowing the interpreter to relay the message. This method is used most often in situations involving sworn testimony.
b. Simultaneous Interpretation – Very Special Circumstances
Not a verbatim method. The interpreter attempts to convey the meaning of what is said, summarizing and paraphrasing the words of the speaker to a certain extent. This method involves transmission from a soundproof booth with headsets. This method may be used in situations not involving oral testimony, such as motions, arguments, etc.
c. Escort Interpretation – Occasional
Similar to simultaneous interpretation, but done without equipment. The interpreter sits next to the person requiring the service and provides a whispered interpretation.
2. For American Sign Language/English Interpreters and Deaf-Blind Intervenors/Notetakers to Accommodate Deaf and Deaf-Blind Manitobans
- A party or witness to a proceeding requiring American Sign Language/English Interpreters or Deaf-Blind Intervenors/Notetakers will receive interpretation services at no cost.
- Interpretation for a witness is restricted to their testimony only.
- Before setting a date, counsel or the self-represented party must make it known to the appropriate Motion/Hearing/Trial Coordinator that an American Sign Language/English Interpreter or a Deaf-Blind Intervenor is required.
- Exception: Where there is Crown involvement (including outside counsel hired on the Crown’s behalf), a member of the Crown Attorneys Office will coordinate the interpretation request with the E-Quality Communication Centre of Excellence (ECCOE) before contacting the Motion/Hearing/Trial Coordinator to set a hearing date.
3. For Non–Official Languages in Criminal Proceedings with Crown Involvement
- A party or witness to a criminal proceeding where there is Crown involvement (including outside counsel hired on the Crown’s behalf), who requires interpretation in languages other than French and English, will receive the service at no cost.
- Interpretation for a witness is restricted to their testimony only.
- The Prosecutions Branch of the Department of Justice in Manitoba coordinates interpretation services for criminal proceedings under the Criminal Code of Canada, Highway Traffic Act or Provincial Statutes.
- Counsel must make a request for interpretation services to the Prosecutions Branch. Federal proceedings must be coordinated by the Federal Crown office.
- A member of the appropriate Crown Attorneys Office coordinates interpretation services with the Language Bank or the E-Quality Communication Centre of Excellence (ECCOE).
4. For Non-Official Languages in Civil Proceedings with Crown Involvement
- In civil proceedings where there is Crown involvement and where a party or witness requires interpretation services in languages other than French and English, the party assumes responsibility for the coordination and cost.
5. For Non-Official Languages in Criminal and Civil Proceedings with No Crown Involvement
- In criminal and civil proceedings where there is no Crown involvement and where a party or witness requires interpretation services in languages other than French and English, the party assumes responsibility for the coordination and cost.
