R. v. Singh

R. v. Singh

The mistrial is necessary because the interpreter at the trial admitted to providing paraphrase/summarization rather than the continuous, precise, contemporaneous interpretation required by s.14 of the Charter (as explained in R. v. Tran), and the court has jurisdiction to reopen the trial prior to sentencing;...

Source-derived case information.

Citation
2025 NSSC 92
Parties
Crown: His Majesty the King; Accused: Harmandip Singh; Intervenor: Peter Planetta
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 March 2025
Procedural Posture
Criminal Mistrial Application / Post Conviction, Pre Sentencing (application to Reopen Trial and Grant Mistrial)
Outcome
Mistrial granted; prior conviction set aside (decision declared a nullity); matter to be retried if Crown elects; no sentence imposed; no finding on ineffective assistance of counsel.
Legal Topics
Mistrial, Interpreter/translation Adequacy, Section 14 Charter, Ineffective Assistance of Counsel, Delay
Source Language
english
Criminal Law Constitutional Law Procedural Fairness Language Rights Mistrial Interpreter/translation Adequacy Section 14 Charter Ineffective Assistance of Counsel +1 more

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Parties

His Majesty the King

Crown

Harmandip Singh

Accused

Peter Planetta

Intervenor

Procedural Posture

Criminal Mistrial Application / Post Conviction, Pre Sentencing (application to Reopen Trial and Grant Mistrial)

Legal Issues

  1. 1 Whether the trial judge could and should reopen the trial after conviction but before sentencing to grant a mistrial
  2. 2 Whether interpretation provided at trial met the constitutional standard in s.14 of the Charter
  3. 3 Whether paraphrase or summarization by an interpreter satisfies the right to assistance of an interpreter

Ratio Decidendi

The mistrial is necessary because the interpreter at the trial admitted to providing paraphrase/summarization rather than the continuous, precise, contemporaneous interpretation required by s.14 of the Charter (as explained in R. v. Tran), and the court has jurisdiction to reopen the trial prior to sentencing; accordingly the prior conviction is a nullity and a mistrial is ordered.

Court Disposition

Mistrial granted; prior conviction set aside (decision declared a nullity); matter to be retried if Crown elects; no sentence imposed; no finding on ineffective assistance of counsel.

Orders

  • Mistrial is granted.
  • The prior conviction is set aside and declared a nullity.