R. v. Valencia (E.L.), (1998) 69 O.T.C. 295 (GD)

• Judge: Dunnet, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: June 18, 1998
• Jurisdiction: Ontario
• Citations: (1998), 69 O.T.C. 295 (GD)

R. v. Valencia (E.L.) (1998), 69 O.T.C. 295 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. JL.066

Her Majesty The Queen (respondent) v. Elmer Leon Valencia (applicant)

(Court File No. TO: 1-13218)

Indexed As: R. v. Valencia (E.L.)

Ontario Court of Justice

General Division

Toronto Region

Dunnet, J.

June 18, 1998.

Summary:

The accused entered a plea of guilty to a charge of possession of cocaine for the purpose of trafficking. The accused sought an order permitting him to withdraw the guilty plea on the basis that his first language was Spanish and when he entered the plea he did not properly understand the proceedings which were conducted in English.

The Ontario Court (General Division) held that, based on the evidence of an expert linguist who tested the accused's language ability, it was satisfied that the accused's right to the assistance of an interpreter under s. 14 of the Charter was infringed. The court permitted the accused to withdraw his guilty plea and ordered a new trial.

Civil Rights - Topic 2803

Language - Assistance of an interpreter - In criminal proceedings - See paragraphs 1 to 20.

Criminal Law - Topic 4233

Procedure - Pleas - Guilty plea - Expungement or setting aside - See paragraphs 1 to 20.

Cases Noticed:

R. v. Tran (Q.D.), [1994] 2 S.C.R. 951; 170 N.R. 81; 133 N.S.R.(2d) 81; 380 A.P.R. 81; 92 C.C.C.(3d) 218, refd to. [para. 2].

R. v. Antoine (1984), 40 C.R.(3d) 375 (Que. C.A.), refd to. [para. 13].

Adgey v. R. (1973), 13 C.C.C.(2d) 177 (S.C.C.), refd to. [para. 19].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 14 [para. 2].

Authors and Works Noticed:

Steele, Graham, J., Court Interpreters in Canadian Criminal Law (1992), 34 Crim. L.Q. 218, pp. 226-227 [para. 11].

Counsel:

Hugh K. O'Connell, for the respondent;

Marshall Sack, Q.C., for the applicant.

This application was heard on January 20 and 21 and June 4 and 5, 1998, before Dunnet, J., of the Ontario Court (General Division), who released the following oral judgment on June 18, 1998.