$0 New Brunswick Small Claims Filing Checklist

French Language Small Claims Court New Brunswick

New Brunswick is Canada's only officially bilingual province. If French is your preferred language, you have the legal right to file your small claims paperwork in French, present your case in French at the hearing, and receive the Adjudicator's decision in French.

Bilingual Rights in Small Claims Court

Under New Brunswick's Official Languages Act and the Canadian Charter of Rights and Freedoms (Section 16 to 20), both English and French have equal status in the province's courts. This applies fully to the Small Claims Court of New Brunswick.

In practice, this means:

  • Court forms are available in both languages — Form 1 (Claim), Form 2 (Response / Counterclaim), Form 20 (Affidavit of Service), and every other prescribed form under the General Regulation can be completed in either English or French. PLEIS-NB (Public Legal Education and Information Service of New Brunswick) publishes bilingual and French-language versions of its guides and fillable forms at legalinfonb.ca.
  • You can file in French — your completed forms, supporting documents, and demand letters can all be in French. The court clerk at any of the eight judicial district offices is required to process your filing regardless of which official language you use.
  • You can present your case in French — at the hearing, you can give your testimony, question witnesses, and make your closing remarks in French.
  • The Adjudicator's decision can be issued in French — you have the right to receive the ruling in your preferred official language.

Court Interpretation

What happens when you speak French and the defendant speaks English? The court provides interpretation services at no charge. When you file your claim or receive notice of a hearing, notify the court clerk that the proceeding will involve both official languages. The court arranges for an accredited interpreter.

You do not need to hire your own interpreter. The cost is borne by the court system, not by the parties. However, you must give the court advance notice — do not wait until the hearing date to mention that you will be testifying in French. Notify the clerk:

  • When you file Form 1 (Claim), or
  • When you receive notice of the hearing date, whichever comes first

If you are the defendant and want to present your case in French, notify the clerk when you file your Form 2 Response.

Judicial Districts With Francophone Populations

While bilingual service is available in all eight judicial districts, some districts serve areas with significant francophone populations:

  • Edmundston — Madawaska County, predominantly francophone
  • Campbellton — Restigouche County, significant francophone community
  • Bathurst — Gloucester County, bilingual community
  • Moncton — Westmorland County, large bilingual population (Greater Moncton includes Dieppe, one of the fastest-growing francophone municipalities in the country)

In these districts, the clerk and court staff are routinely familiar with processing French-language filings and hearings. In other districts, the infrastructure is still in place — you just may need to give slightly more lead time for interpretation services.

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Writing a Demand Letter in French

If you send a pre-action demand letter in French and the defendant does not speak French, the defendant might claim they did not understand it. There is no legal requirement to send the demand letter in any particular language, but if you want to eliminate any possible argument about notice, consider sending a bilingual version — French text followed by an English translation. The legal content is the same in both; you are simply ensuring the recipient cannot credibly claim confusion.

For the formal court documents that follow (Form 1, Form 2), you are free to use French exclusively — the court system handles the bilingual processing.

Free French-Language Legal Resources

  • PLEIS-NB / SPEIJ-NB — publishes French-language guides and court forms at legal-info-legale.nb.ca
  • Courts New Brunswick — the court portal at courtsnb-coursnb.ca is fully bilingual, including procedural guides and contact information
  • Tenant and Landlord Relations Office — bilingual intake at 1-888-762-8600 for tenancy disputes (which do not belong in Small Claims Court)

Your Next Step

Filing in French adds no extra steps or costs — it is your right under New Brunswick law. The New Brunswick small claims filing guide covers every procedural step from the demand letter through enforcement. The forms and procedures are the same in both official languages; the guide walks you through them in English, and all prescribed court forms are available in French from the court registry or PLEIS-NB.

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