Attorney General of Ontario v. Cosimo Reale

Attorney General of Ontario v. Cosimo Reale

The Bill of Rights s.2(g) confers an effective right to interpreter assistance; a trial judge may decline simultaneous interpretation of his charge only when justified by a real risk of distracting the jury, but must provide the accused with the benefit of s.2(g) by some alternative means; failure to do so violated the accused's rights and warranted the order for a new trial, and the Crown's appeal was dismissed.

Citation
[1975] 2 SCR 624
Parties
Appellant/plaintiff: Attorney General of Ontario; Respondent/defendant: Cosimo Reale
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 October 1974
Procedural Posture
Criminal Appeal; Constitutional Challenge Under Canadian Bill of Rights / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed; order of the Ontario Court of Appeal directing a new trial affirmed
Legal Topics
Right to Interpreter, Jury Charge, Canadian Bill of Rights S.2(g), Criminal Code S.577(1), Trial Judge Discretion
Source Language
English
Constitutional Law Criminal Law Right to Interpreter Jury Charge Canadian Bill of Rights S.2(g) Criminal Code S.577(1) Trial Judge Discretion

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Parties

Attorney General of Ontario

Appellant/plaintiff

Cosimo Reale

Respondent/defendant

Procedural Posture

Criminal Appeal; Constitutional Challenge Under Canadian Bill of Rights / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the trial judge erred in refusing interpreter services for the accused during the judge's charge to the jury
  2. 2 How s.2(g) of the Canadian Bill of Rights interacts with s.577(1) of the Criminal Code
  3. 3 Whether the right to an interpreter must yield where simultaneous interpretation would distract the jury and impair instruction

Ratio Decidendi

The Bill of Rights s.2(g) confers an effective right to interpreter assistance; a trial judge may decline simultaneous interpretation of his charge only when justified by a real risk of distracting the jury, but must provide the accused with the benefit of s.2(g) by some alternative means; failure to do so violated the accused's rights and warranted the order for a new trial, and the Crown's appeal was dismissed.

Court Disposition

Appeal dismissed; order of the Ontario Court of Appeal directing a new trial affirmed

Orders

  • Order of the Ontario Court of Appeal directing a new trial affirmed