Canada Judgment

British Columbia Court of Appeal

R. v. Vu

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Professional case brief

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Source document

01

Holding and result

The appeal is allowed because the interpreter's incompetence at trial deprived the appellant of a fair trial, warranting setting aside the conviction.

Court disposition

Appeal allowed

Orders

  • Appeal allowed; conviction set aside

02

Material facts

Parties

Regina

Respondent Counsel: C. Stolte

Hong Anh Vu

Appellant Counsel: N. Cobb

03

Procedural history

  1. Posture

    Criminal Appeal (narcotics Conviction) / Court of Appeal Oral Reasons / Judgment (appeal Heard and Allowed)

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant submitted the trial interpreter was hopelessly incompetent and that the inadequate interpretation rendered the trial unfair and the conviction unsafe.
Respondent
The Crown effectively conceded that, whether or not 'hopelessly' is the correct descriptor, the interpretation did not meet the standard required to provide the accused with a fair trial.

05

Court’s reasoning

  1. 01

    Common law and general Charter principles concerning fair trial rights

    An accused is entitled to a fair trial; language interpretation must be competent to secure that fairness.

  2. 02

    Court of Appeal reasoning and established appellate review principles

    If interpretation at trial fails to meet the required standard and undermines fairness, the conviction must not stand.

06

Ratio, limits and disposition

Ratio decidendi

The appeal is allowed because the interpreter's incompetence at trial deprived the appellant of a fair trial, warranting setting aside the conviction.

Court disposition

Appeal allowed

  • Appeal allowed; conviction set aside

Source and reliance status

British Columbia Court of Appeal · 27 January 1999

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Judgment text

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Source document

British Columbia Court of Appeal

Judgment· 27 January 1999

1999 BCCA 59

Citation: R. v. Vu Date: 19990127 1999 BCCA 0059 Docket: CA023283 Registry: Vancouver

COURT OF APPEAL FOR BRITISH COLUMBIA ORAL REASONS FOR JUDGMENT: Before: THE HONOURABLE MADAM JUSTICE SOUTHIN January 27, 1999 THE HONOURABLE MR. JUSTICE HALL THE HONOURABLE MR. JUSTICE MACKENZIE Vancouver, B.C. BETWEEN:

R E G I N A

RESPONDENT AND:

HONG ANH VU

APPELLANT N. Cobb appearing for the Appellant C. Stolte appearing for the (Crown) Respondent [1] SOUTHIN, J.A.: This is an appeal by the appellant, who was convicted of a narcotics offence. [2] The essential ground of appeal is that the interpreter at the trial, who was there to interpret from the Vietnamese language to the English language and vice versa, was hopelessly incompetent. [3] The Crown, I assume, has concluded that whether "hopelessly" is the right word or not, the interpretation was not conducted according to a standard which provided for the accused a fair trial. [4] On that footing, I would allow the appeal. [5] HALL, J.A.: I agree. [6] MACKENZIE, J.A.: I agree. "The Honourable Madam Justice Southin"

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