Ontario Criminal

Charter of Rights

Neither candidate competent to interpret in upcoming trial

Application by accused for order to be provided with competent interpreters for his trial. Accused was born in Nigeria and his first language was Ibo. He had some basic English skills and English was his second language. Accused and his co-accused were charged with possession of heroin for purpose of trafficking and conspiracy to commit offence of possession for purpose of trafficking. Two interpreters were submitted since two of them were required for trial and voir dire was conducted to determine their competency. Accused’s counsel submitted that neither candidate was competent. Crown did not dispute need for interpreter but claimed that candidates were competent to interpret at trial. Application allowed. Neither candidate was competent to interpret in upcoming trial and new candidates would have to be found.

R. v. Akaeze (Dec. 13, 2012, Ont. S.C.J., Bielby J., File No. 1574/11) 104 W.C.B. (2d) 994.

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