In our nation, all the following languages are recognised as co-official languages:
English
French
Spanish
German
Galician
Thai
Traditional Chinese
Russian
Hindi
Arabic
In Parliament, a Representative may use any of these languages, however, English is the common language between Representatives. This means that where a Representative's chosen original language cannot be translated into another official language, then the language will be translated into English. Thus, all Parliamentarians must have a good knowledge of English
The Code of Languages states:
Section 125 - Languages in Parliament
In both Houses of the Union Parliament, a Representative may use any of the following languages:
a) English
b) French
c) German
d) Spanish
e) Galician
f) Thai
g) Russian
h) Traditional Chinese
i) Arabic
This right shall be inviolable, and therefore, appropriate provision of interpreters and translation services shall be provided by the State. To ascertain the required amount of interepreters and which languages will be used, all Members must complete a Languages Declaration before each term of the Parliament. Where such provision is impossible, then Section 125bis shall apply.
Section 125bis - Where a language cannot be used
Where, after being reasonably proven on the balance of probabilities by the Registry to the Parliament, it is impossible to provide one language because of a lack of interperters or translation services, then the English language shall be used instead
In Courts, participants may use any of the above languages, but the common language shall be Law French. Defendants also ahve the right to use a language of their own choice, so long as they provide notice to the Registry at a minimum of two months before the scheduled start date of trial.
Relevant section of the Federal Rules of Criminal Procedure
Rule 34 - Languages
All Participants shall be entitled to use any of the co-official languages. The Courts shall therefore ensure that there is interpretation and translation available for these languages. In order to ascertain the required number of interpreters required, as well as to ascertain which languages other than Law French shall be used, a Languages Declration shall be completed by all Participants (except the Registry, who shall use Law French) and submitted to the Registry a minimum of one month before the scheduled beginning of proceedings. For languages not on the list, please see rule 34ter
Rule 34bis
Where a Language cannot be used due to an inability to provide adecuate language services, Law French shall be used in its place for counsel and judges, and the defendant shall receive translation into one of the nine official languages of their choice
Rule 34ter - languages not on the List of co-official langauges
The list of co-official languages does not represent the only languages permitted in procedings. Should the defendant or his counsel opt to do so, they may use their own language, so long as notice is given to the registrar a maximum of three months preceding the scheduled start of proceedings, in order that adecuate staff may be trained in the requisite language
With our president and the Ministers, they all understand each of the nine languages, so any of them can be used. Translation services are provided by the State.
The language declarations that are often mentioned are the following
LD-201 - Declaration of Langauges to be used in Federal Parliament
Name:
House in which you are a Member:
Constituency:
Please state your mother tongue:
If it is not listed, please select the nearest equivalent language from the Section 125 List:
[] English
[] French
[] Russian
[] German
[] Spanish
[] Thai
[] Traditional Chinese
[] Arabic
Do you understand English insofar that, persuant to Section 125bis, in the event that your first language cannot be provided then you will understand English interpretation and translation services?
[] Yes
[] No
Signature:
Date:
PLEAE HAND THIS INTO THE REGISTRY OF THE PARLIAMENTS AT THE BEGINNING OF EACH ANNUAL PARLIAMENTARY TERM
FOR REGISTRY'S USE ONLY
Name of Officer:
Date:
Request satisfied?
[] Yes
[] No
Enforcement of Section 125bis required?
[] Yes
[] No
Reason:
LD202 - Languages Declaration for Judges
Name:
Is your primary languge part of the Rule 34 List, or does it fall under the Provisions of Rule 34ter?
[] Rule 34.
[] Rule 34ter
If your primary language is part of the Rule 34 List, please put a cross in the appropriate box:
[] English
[] French
[] Russian
[] German
[] Spanish
[] Thai
[] Traditional Chinese
[] Arabic
In the event that your language is unavailable, persuant to rule 34bis, would you be able to understand and use Law French, ?
[] Yes
[] No
If your langauge falls under Rule 34ter, please write it here:
....................
Signature:
Date:
PLEASE HAND THIS FORM TO THE REGISTRY ONE MONTH BEFORE PROCEEDINGS ARE DUE TO BEGIN FOR RULE 34 SITUATIONS, AND THREE MONTHS BEFORE PROCEEDINGS ARE DUE TO BEGIN FOR RULE 34TER SITUATIONS
FOR REGISTRY'S USE ONLY
Name of Officer:
Date:
Type of request:
[] Rule 34
[] Rule 34ter
Request satisfied?
[] Yes
[] No
Enforcement of Rule 34bis required?
[] Yes
[] No
Reason:
LD202/1 - Languages Declaration for Counsel
Name:
Case in which you are involved (name and number:
Role:
[] Prosecution Counsel
[] Defence Counsel
Is your primary languge part of the Rule 34 List, or does it fall under the Provisions of Rule 34ter?
[] Rule 34
[] Rule 34ter
If your primary language is part of the Rule 34 List, please put a cross in the appropriate box:
[] English
[] French
[] Russian
[] German
[] Spanish
[] Thai
[] Traditional Chinese
[] Arabic
In the event that your language is unavailable, persuant to rule 34bis, would you be able to understand and use Law French, ?
[] Yes
[] No
If your langauge falls under Rule 34ter, please write it here:
....................
Signature:
Date:
PLEASE HAND THIS FORM TO THE REGISTRY ONE MONTH BEFORE PROCEEDINGS ARE DUE TO BEGIN FOR RULE 34 SITUATIONS, AND THREE MONTHS BEFORE PROCEEDINGS ARE DUE TO BEGIN FOR RULE 34TER SITUATIONS
FOR REGISTRY'S USE ONLY
Name of Officer:
Date:
Type of request:
[] Rule 34
[] Rule 34ter
Request satisfied?
[] Yes
[] No
Enforcement of Rule 34bis required?
[] Yes
[] No
Reason:
LD202/2 - Languages Declaration for Defendants
Name:
Case (name and number):
Assigned Counsel's name:
Is your primary languge part of the Rule 34 List, or does it fall under the Provisions of Rule 34ter? Explanations of these rules are in the Rules of Criminal Procedure, which may be obtained from the Detention Centre Library.
[] Rule 34
[] Rule 34ter
If your primary language is part of the Rule 34 List, please put a cross in the right box:
[] English
[] French
[] Khmer
[] German
[] Spanish
[] Thai
[] Traditional Chinese
[] Arabic
If your langauge falls under Rule 34ter, please write it here:
....................
In the event that your language is unavailable, persuant to rule 34bis, please select a language in which you are confident from the Rule 34 List:
[] English
[] French
[] Russian
[] German
[] Spanish
[] Thai
[] Traditional Chinese
[] Arabic
Signature:
Date:
FOR REGISTRY'S USE ONLY
Name of Officer:
Date:
Type of request:
[] Rule 34
[] Rule 34ter
Request satisfied?
[] Yes
[] No
Enforcement of Rule 34bis required?
[] Yes
[] No
Reason:
PLEASE HAND THIS FORM TO THE REGISTRY ONE MONTH BEFORE PROCEEDINGS ARE DUE TO BEGIN FOR RULE 34 SITUATIONS, AND THREE MONTHS BEFORE PROCEEDINGS ARE DUE TO BEGIN FOR RULE 34TER SITUATIONS
In Court cases, there is also a Languages Declaration for Witnesses. It is the same as the Defendant's Declaration:
LD202/3 - Languages Declaration for Witnesses
Name:
Case (name and number):
Calling party:
[] Prosecution
[] Defence
[] Chamber
Witness ID Number (you will have been assigned this when the Court confirmed your arrangements for testimony):
Is your primary languge part of the Rule 34 List, or does it fall under the Provisions of Rule 34ter? Explanations of these rules are in the Rules of Criminal Procedure, which may be obtained from the Registrar. The Party who calls you will explain these rules to you before you complete the Declartion
[] Rule 34
[] Rule 34ter
If your primary language is part of the Rule 34 List, please put a cross in the right box:
[] English
[] French
[] Russian
[] German
[] Spanish
[] Thai
[] Traditional Chinese
[] Arabic
If your langauge falls under Rule 34ter, please write it here:
....................
If your language is unavailable, persuant to rule 34bis, please select a language in which you are confident from the Rule 34 List:
[] English
[] French
[] Russian
[] German
[] Spanish
[] Thai
[] Traditional Chinese
[] Arabic
Signature:
Date:
PLEASE HAND THIS FORM TO THE REGISTRY ONE MONTH BEFORE PROCEEDINGS ARE DUE TO BEGIN FOR RULE 34 SITUATIONS, AND THREE MONTHS BEFORE PROCEEDINGS ARE DUE TO BEGIN FOR RULE 34TER SITUATIONS
FOR REGISTRY'S USE ONLY
Name of Officer:
Date:
Type of request:
[] Rule 34
[] Rule 34ter
Request satisfied?
[] Yes
[] No
Enforcement of Rule 34bis required?
[] Yes
[] No
Reason:
Date of testimony of witness:
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