Courts of Justice Act official languages: 125(1) Explained

For the purposes of official language, which section of the Courts of Justice Act (CJA) establishes English and French as official languages?

A) 125(1) 

B) 126(1)

If you're staring at a multiple-choice question asking which section of the Courts of Justice Act official languages rule comes from—125(1) or 126(1)—the correct answer is 125(1). The reason is simple: 125(1) declares the official languages. Section 126(1) doesn't "declare" anything—it creates the right to demand a bilingual proceeding (and that's a different job entirely). (CanLII)

Below is the practical breakdown you can actually use on exams and in real court steps.

🧭 Courts of Justice Act official languages exam question: what it tests

This question is testing whether you can separate:

• Status / declaration (what the law is)
  from
• Procedure / rights (how you use the law)

When the question says "for the purposes of official language," that's a giant neon sign pointing to the section that declares the official languages. That's s.125(1)—the Courts of Justice Act official languages foundation. (CanLII)

A lot of people get baited into choosing 126(1) because it mentions language rights more directly. However, 126(1) is about invoking a right, not declaring the official languages.

📌 Courts of Justice Act official languages: the short answer (125(1))

Answer: A) 125(1).

Why?

• s.125(1) = the Legislature says English and French are the official languages of Ontario courts. (CanLII)
• s.126(1) = a French-speaking party can require a bilingual proceeding (it's the "how you use it" part). (CanLII)

If an exam asks "which section establishes," you should hear: "Which section declares the official languages?" That's 125(1).

⚖️ Courts of Justice Act official languages are declared in 125(1)

Think of s.125(1) as the sign on the courthouse door:

"These courts operate officially in English and French."

That's exactly what a declaration does. It's not giving you steps. It's setting the legal reality.

Also, in the same "language" area, the Act explains that hearings generally proceed in English unless otherwise provided (this is where people miss the structure). (CanLII)

So the flow is:

1. 125(1): official languages declared
2. 125(2): default operational rule (usually English, unless law says otherwise)
3. 126: how French language rights get activated as bilingual proceedings (CanLII)

🗣️ Section 126(1): your right to demand a bilingual proceeding

Section 126(1) is powerful, but it's not the "official languages declaration."

It says (in plain English): if you speak French and you're a party, you can require the proceeding to be conducted as a bilingual proceeding—meaning the presiding judicial official must be able to handle both languages. (CanLII)

That's a procedural right (access), not a foundational declaration (status).

A clean way to memorize this:

• 125(1) = what the court is
• 126(1) = what you can make the court do

🧱 How 125 and 126 fit together in real life

Here's the practical "stack":

• The Courts of Justice Act official languages rule exists because 125(1) says so. (CanLII)
• Courts still need an operating default, so 125(2) describes the usual English-first mechanics (unless another rule applies). (CanLII)
• Then 126 gives French-speaking parties a way to activate bilingual handling and related language rules. (CanLII)

So yes, English and French are official—but you still often need to ask to get the bilingual structure you want.

🧾 Courts of Justice Act official languages: 125(1) vs 126(1) table

🏛️ Courts of Justice Act official languages in Ontario courtrooms

In practice, the Courts of Justice Act official languages rule means the system is supposed to support both languages. Yet the day-to-day reality often looks like this:

• Many courts run mainly in English by default (consistent with the default structure in the Act). (CanLII)
• If you want bilingual structure, you usually must signal it early using the mechanisms linked to 126. (CanLII)
• Courts and related justice services also publish guidance on French language services and supports. (Ontario Courts)

So the "official languages" declaration is real, but the "how do I get it for my case?" part lives under 126 and the regulations/forms.

📝 How to request a bilingual proceeding under 126(1)

You asked whether I could look up the requirements—yes, and the short version is: you must ask.

Common ways people request bilingual proceedings include:

• Filing your first document in French, depending on the type of case and rules that apply (Steps to Justice)
• Filing a requisition form with the court (often the cleanest, most trackable method) (Ontario Court Forms)
• Providing a written statement that you speak French and are asking for bilingual proceedings (Steps to Justice)
• Asking the judge/JP at an appearance (not ideal as your first move, but it's listed as a method) (Steps to Justice)

The key: do it early, do it clearly, and do it in writing when possible.

⏳ Timing and deadlines: when you must ask

Deadlines vary by court and case type, but the consistent theme is:

• Earlier is safer.
• In Provincial Offences matters, guidance often stresses you must ask before certain steps happen (like before the trial date is set, depending on how you were served). (Steps to Justice)

Waiting until the last minute can cause adjournments or practical pushback because the court needs the right bilingual resources lined up.

📄 Forms and paperwork: RR3008 (Form 1)

Ontario Court Services publishes RR3008 — Bilingual Proceeding Requisition (Form 1). (Ontario Court Forms)

That page confirms the form name and its publication details, including the version/effective dates. (Ontario Court Forms)

Practical exam tip: knowing the form number isn't always required, but knowing there is an official requisition form strengthens your "how it works" answers.

🎧 Interpreters vs bilingual proceedings (don’t mix them up)

This is a classic trap.

• Interpreter request: helps translate for someone who can't follow the language being used.
• Bilingual proceeding (126): changes the proceeding structure so it is handled as bilingual under the legal framework.

Ontario court guidance distinguishes French-language services from interpreter requests and points users to the proper pathways. (Ontario Courts)

So if the question is about official languages or bilingual proceedings, don't drift into "interpreter" unless the facts require it.

📚 Courts of Justice Act official languages in writing: documents & translations

The Courts of Justice Act official languages framework also shows up in filing and translation issues.

Ontario's bilingual proceeding framework is supported by regulations, and CanLII hosts current and historical regulation text for bilingual proceedings. (CanLII)

Also, practical legal education sources discuss how French-speaking litigants can access bilingual proceedings and what that means procedurally. (Law Society of Ontario)

Bottom line: 125(1) declares the languages; the rest of the language package explains how to operate inside that declaration.

🧠 Exam traps and memory tricks

Here are the two most common exam traps:

1. Trap: "126 mentions French, so it must be the official languages section."
   Fix: 126 is about using the right, not creating the official language status.
2. Trap: confusing "bilingual proceeding" with "French-only proceeding."
   Fix: bilingual means the system accommodates both official languages in the proceeding.

Memory trick that actually sticks:

• 125 = Title on the wall ("official languages")
• 126 = Tools in your hand ("request a bilingual proceeding")

🧩 Related context: French language services in Ontario

The Courts of Justice Act official languages rule sits inside a broader ecosystem of French-language justice services in Ontario.

Ontario publishes public guidance on justice services in French. (Ontario)
The Law Society of Ontario also provides public-facing info about French language rights and bilingual proceedings. (Law Society of Ontario)

This context matters because exam questions sometimes jump between "courts" and "justice services" generally.

🛠️ Quick checklist if you’re self-represented

If you ever need to act on 126(1) in real life, this checklist keeps you out of trouble:

• Write down your court file number and courthouse location
• Ask for bilingual proceedings as early as possible
• Use the official requisition form if available (RR3008) (Ontario Court Forms)
• Keep proof of filing and service
• Confirm scheduling and courtroom resources in writing
• If the clerk gives verbal guidance, ask for the next step in writing or note the date/time/name

✅ Conclusion: Courts of Justice Act official languages = 125(1)

To lock it in: Courts of Justice Act official languages are established by s.125(1) because it declares English and French as the official languages of Ontario courts. (CanLII)
Section 126(1) is a different tool: it lets a French-speaking party require a bilingual proceeding. (CanLII)

If you want help applying this in a real situation (forms, steps, timing, and what to say), use Helpdesk Support or reach me through Contact.

❓ Frequently Asked Questions

❓ Which section establishes the Courts of Justice Act official languages in Ontario?
Section 125(1) establishes the official languages as English and French.

❓ Why isn't section 126(1) the correct answer for "official languages"?
Because 126(1) gives a right to require a bilingual proceeding; it doesn't declare official status.

❓ What does section 125(1) do in one sentence?
It declares English and French as the official languages of Ontario courts.

❓ What is a "bilingual proceeding" under 126(1)?
It's a proceeding structured so the presiding official can operate in both English and French.

❓ Do courts automatically run bilingually because both languages are official?
Not always. The declaration exists, but you often must request bilingual proceedings to activate the structure.

❓ Can I ask for a bilingual proceeding if I speak French?
Yes—126(1) creates that right for French-speaking parties.

❓ How do I request bilingual proceedings in Ontario?
Common methods include filing a requisition form or filing key documents in French, depending on the court rules.

❓ What form is used for a bilingual proceeding requisition?
RR3008 is listed as "Bilingual Proceeding Requisition (Form 1)."

❓ Are there deadlines to request bilingual proceedings?
Yes. Guidance (especially for Provincial Offences) stresses requesting it at specific stages, not at the last second.

❓ Is an interpreter the same as a bilingual proceeding?
No. Interpreters translate; bilingual proceedings change the proceeding structure under the language rules.

❓ Does the Law Society of Ontario explain French language rights in court?
Yes, the LSO provides public resources on French language rights and bilingual proceedings.

❓ Where can I learn more about justice services in French?
Ontario publishes a public page about justice services in French.

❓ Are bilingual proceeding rules supported by regulations?
Yes. Ontario's bilingual proceedings framework is supported by regulations available through legal databases like CanLII.

❓ What's the easiest exam way to separate 125(1) and 126(1)?
125(1) = declaration (status). 126(1) = request right (procedure).

❓ If the question says "establishes," what should I pick?
Pick the declaration section: 125(1).

❓ If the question says "request a bilingual proceeding," what should I pick?
Pick 126(1) because it's the right that triggers bilingual proceedings.

❓ Is "bilingual" the same as "French-only"?
No. "Bilingual" means the proceeding is set up to operate in both official languages.

❓ Where do people commonly go wrong on this topic?
They confuse "official languages" (125) with "how to use French in court" (126).

📚 Sources & References (authoritative)

• Courts of Justice Act (CanLII) (CanLII)
• Bilingual Proceedings (O Reg 53/01) (CanLII) (CanLII)
• RR3008 – Bilingual Proceeding Requisition (Form 1) (Ontario Court Forms)
• Law Society of Ontario: You speak French – know your rights (Law Society of Ontario)
• Steps to Justice: Ask for a bilingual proceeding (Steps to Justice)
• Ontario: Justice services in French (Ontario)

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