R. v. Chan

R. v. Chan

Detective Khosa is qualified as an expert translator from Punjabi to English and English to Punjabi both orally and in writing because his education, VCC Community Services Interpreting certificate and relevant translation experience meet the Mohan requirement of special knowledge through study and experience for...

Source-derived case information.

Citation
2014 BCSC 2560
Parties
Crown: Regina; Accused: Chun Siu Chan; Accused: Manraj Singh; Accused: Parminderjit Singh
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 September 2014
Procedural Posture
Criminal / Voir Dire on Expert Qualification During Trial (pre Admissibility Hearing)
Outcome
Crown application granted; Detective Khosa qualified as expert translator; bias objection rejected as basis for exclusion and left to weight before the jury.
Legal Topics
Expert Qualification, Translation of Intercepted Communications, Interpretation Vs Translation, Bias and Impartiality, Mohan Admissibility Criteria
Source Language
english
Criminal Law Evidence Expert Evidence Language Translation/interpreting Expert Qualification Translation of Intercepted Communications Interpretation Vs Translation Bias and Impartiality +1 more

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Parties

Regina

Crown

Chun Siu Chan

Accused

Manraj Singh

Accused

Parminderjit Singh

Accused

Procedural Posture

Criminal / Voir Dire on Expert Qualification During Trial (pre Admissibility Hearing)

Legal Issues

  1. 1 Whether Detective Jagdeep Khosa is properly qualified to give expert evidence translating intercepted Punjabi-English communications orally and in writing
  2. 2 Whether Detective Khosa is disqualified as an expert due to bias or lack of independence

Ratio Decidendi

Detective Khosa is qualified as an expert translator from Punjabi to English and English to Punjabi both orally and in writing because his education, VCC Community Services Interpreting certificate and relevant translation experience meet the Mohan requirement of special knowledge through study and experience for translation work; the distinction between translation and interpretation means full court interpreter certification is not required for translation of intercepted calls; alleged bias does not disqualify him but goes to the weight of his evidence for the jury to assess.

Court Disposition

Crown application granted; Detective Khosa qualified as expert translator; bias objection rejected as basis for exclusion and left to weight before the jury.

Orders

  • Detective Jagdeep Khosa is qualified as an expert translator from Punjabi to English and English to Punjabi, orally and in writing.
  • Voir dire concluded.