R. v. Denny

R. v. Denny

Given the evidence, including an affidavit establishing need and limited resources, the court concluded the accused requires Mi'kmaq-language interpretive services and a Mi'kmaq-speaking Court Services Worker; on that basis the court authorized engagement of Barry Bernard as Court Services Worker and Ronald John Paul as interpreter for the trial period and authorized reasonable necessary expenses.

Citation
2014 NSSC 324
Parties
Crown: Her Majesty the Queen; Accused: Andre Noel Denny
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 July 2014
Procedural Posture
Criminal Second Degree Murder / Pre Trial Motion for Interpretive Services and Court Services Worker
Outcome
Motion granted: interpreter and Court Services Worker appointed and authorized for the trial period
Legal Topics
Right to Interpreter, Charter S.14, Criminal Code S.650, Court Services Worker, Language Accommodation, Dialect Matching
Source Language
English
Criminal Procedure Constitutional Law Indigenous Law Access to Justice Right to Interpreter Charter S.14 Criminal Code S.650 Court Services Worker +2 more

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Parties

Her Majesty the Queen

Crown

Andre Noel Denny

Accused

Procedural Posture

Criminal Second Degree Murder / Pre Trial Motion for Interpretive Services and Court Services Worker

Legal Issues

  1. 1 Whether the accused is entitled to Mi'kmaq-English interpretive services under s.14 of the Charter
  2. 2 Whether a Mi'kmaq-speaking Court Services Worker must be appointed to ensure understanding and presence at trial
  3. 3 Whether the specific proposed individuals are appropriate and available

Ratio Decidendi

Given the evidence, including an affidavit establishing need and limited resources, the court concluded the accused requires Mi'kmaq-language interpretive services and a Mi'kmaq-speaking Court Services Worker; on that basis the court authorized engagement of Barry Bernard as Court Services Worker and Ronald John Paul as interpreter for the trial period and authorized reasonable necessary expenses.

Court Disposition

Motion granted: interpreter and Court Services Worker appointed and authorized for the trial period

Orders

  • Ronald John Paul of Cape Breton is engaged as interpretive services provider to assist the accused
  • Barry Bernard of the Mi'kmaq Legal Services Network is assigned as Court Services Worker for the currency of the trial