Canada Judgment

Supreme Court of British Columbia

R. v. Huynh

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The application was refused because the applicant failed to file material establishing that language issues would be significant at trial and therefore failed to justify the exceptional measure; the precedent relied upon was distinguishable as language was central in that earlier matter.

Court disposition

Application refused

Orders

  • Application to install a separate microphone for the translator and to permit transcription of the translation is refused

02

Material facts

Parties

Her Majesty the Queen

Crown Counsel: H.G. Loeppky

Phong T. Huynh

Accused Counsel: S. Goldberg

Amounts and remedies

  • Year of Decision: 2,001

03

Procedural history

  1. Posture

    Criminal / Application Hearing (pre Trial)

04

Questions and positions

Legal issues

Party arguments

Applicant
Defence counsel sought a separate microphone so a transcription could be made of the translation to verify quality of the translation; relied on prior order in R. v. Ansary where such a measure was ordered with strict controls.
Respondent
Crown had no materials supporting the application and no foundation was filed; court record shows no evidence that language would be a significant trial issue, so the order was unnecessary.

05

Court’s reasoning

  1. 01

    R. v. Ansary (referred)

    Court may order measures to ensure accurate translation where language issues are central to the trial

  2. 02

    Reasons of Thackray J.

    Applicant must file material establishing necessity before special courtroom measures will be granted

  3. 03

    Practice described in R. v. Ansary (referred)

    Orders permitting transcription of translation should include tight controls on security and usage of the transcription

06

Ratio, limits and disposition

Ratio decidendi

The application was refused because the applicant failed to file material establishing that language issues would be significant at trial and therefore failed to justify the exceptional measure; the precedent relied upon was distinguishable as language was central in that earlier matter.

Obiter and limits

  • Reference to R. v. Ansary where an order was made after extensive preliminary motions and included tight controls on the transcription tape
  • Court noted that no information before it suggested language skills would be 'at the top of the pyramid' in this trial

Court disposition

Application refused

  • Application to install a separate microphone for the translator and to permit transcription of the translation is refused

Source and reliance status

Supreme Court of British Columbia · 4 December 2001

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of British Columbia

Judgment· 4 December 2001

2001 BCSC 1688

2001BCSC1688 Citation: H.M.T.Q. v. Huynh Date: 20011204 2001 BCSC 1688 Docket: CC010684 Registry: Vancouver

IN THE SUPREME COURT OF BRITISH COLUMBIA

HER MAJESTY THE QUEEN

AGAINST PHONG T. HUYNH

REASONS FOR JUDGMENT

OF THE HONOURABLE MR. JUSTICE THACKRAY Counsel for the Crown: H.G. Loeppky Counsel for the Accused: S. Goldberg Date and Place of Hearing: November 25, 2001 Vancouver, BC

SEPARATE MICROPHONE AND TRANSCRIPTION FOR THE TRANSLATOR [1] Counsel for Mr. Huynh applied to have a separate microphone installed in the courtroom for the trial. This would be to allow a transcription to be made of the translation as provided by the translator. [2] Mr. Goldberg, when asked as to why he was making the request, informed the Court it was so as to be able to, if necessary, verify the quality of the translation. The Court asked defence counsel as to precedents for this procedure. Mr. Goldberg said that in a criminal trial on which he was defence counsel it was so ordered by Mr. Justice Davies. Mr. Goldberg did not elaborate. [3] I spoke with Mr. Justice Davies. He informed me that the case was entitled R. v. Ansary. He sat on preliminary motions for some weeks before he made the order. During that time it became apparent that the matter of language skills was "at the top of the pyramid" regarding the trial issues. He therefore made the order but he put tight controls upon the security of the transcription tape and upon its potential use. [4] In the case at bar I have no information suggesting that the matter of language will be a significant issue in the trial. Indeed, no material was filed giving a foundation for the order requested. [5] The application is refused. "A.D. Thackray, J." The Honourable Mr. Justice A.D. Thackray

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

R. v. Ansary

Case cited

H.M.T.Q. v. Huynh, 2001 BCSC 1688

Case cited

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