Lack of interpreter leads Alberta judge to throw deaf man’s sex charges out of court

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WETASKIWIN, Alta. – An Alberta judge has stayed sex charges against a deaf man because the courts couldn’t find an interpreter to help him understand the legal proceedings.

The three charges against 31-year-old Kendal Longclaws of Ermineskin Cree Nation stemmed from alleged assaults that took place between 2012 and 2016 and in 2021.

Court of King’s Bench Justice Debra Yungwirth says Longclaws was born deaf, is illiterate, does not communicate in a recognized sign language and is “wholly unable” to communicate with court and counsel.

A courtroom at the Edmonton Law Courts building is shown in Edmonton on June 28, 2019. THE CANADIAN PRESS/Jason Franson

She says in a recent written decision that the accused is entitled to an interpreter under the Charter of Rights and Freedoms and proceeding without one would deprive him of his right to a fair trial.

Yungwirth says this is the most drastic remedy a criminal court can order as it permanently stops the prosecution of an accused, but there is “simply no other remedy available.”