Sudbury language rights appellant faces sex assault charges

The central figure in a language rights case against Greater Sudbury Police earlier this year is also facing sexual assault charges.

The central figure in a language rights case against Greater Sudbury Police earlier this year is also facing sexual assault charges.

 

Zacharie Tessier, 27, is set to stand trial for two counts of sexual assault, as well as one count each of choking and assault, over an alleged incident involving a woman at a residence, The Sudbury Star reported. He was charged by police in July 2018.

 

Tessier, who has since posted bail, has opted for a judge-alone trial at the Superior Court level, the report said, with a trial date likely to be revealed on June 4.

 

In March, Superior Court Justice Robert Del Frate struck down the staying of charges against Tessier, who alleged that police violated his French-language rights after he was arrested on suspicion of drunk driving.

 

A lower court judge ruled that Tessier’s French-language rights were violated by the Greater Sudbury Police during processing. These rights are guaranteed by the Canadian Charter of Rights and Freedoms. The Crown’s office in Sudbury appealed the staying of the drunk driving charges.

 

In striking down the lower court’s ruling, Del Frate cited a portion of the cross-examination of the officer who read Tessier his caution in French following the arrest. According to the officer, he read the caution in French twice, but Tessier did not understand. It was only when he read the caution in English that Tessier indicated that he understood it. 

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