In Quebec, every citizen has the right to a trial in English, even a drug trafficker sentenced to 15 years in prison for having imported 94 kg of cocaine. The Court of Appeal recalled this fundamental right by ordering a new trial Thursday against Soninder Dhingra, who had a trial in French imposed by the judge and Crown prosecutors.
It was one of the major drug seizures in Canada. “Conductor” of the operation, Soninder Dhingra had received the help of a customs officer at the Lacolle post to bring into the country a major quantity of drugs from the Sinaloa cartel, the most powerful Mexican cartel. The 15 kilograms of crystal meth of unequaled purity confiscated constituted a seizure unprecedented in Quebec. The drug trafficker was convicted in 2018.
Now everything has to be redone, since Soninder Dhingra’s right to have a trial in the official language of her choice was “largely ignored and violated throughout the trial”. His trial before the Court of Quebec was initially to take place in English with simultaneous interpretation of the testimony in French.
PHOTO FILED IN COURT
Soninder Dhingra is accused of having imported 94 kg of cocaine.
The trial certainly began in English, except that “a modus operandi with the exclusive use of French quickly settled”, notes the Court of Appeal. Thus, the English-speaking trial was held “almost exclusively in French”, since the public prosecutor and judge Flavia K. Longo “spoke mainly in French throughout the debates”. Even the pleadings took place in French.
“This is a major violation of language rights,” ruled the Court of Appeal. Moreover, it is “particularly surprising” that the Crown prosecutor “insisted on using French throughout the criminal trial which was to be held in English”, observes the highest court in the province.
The Court of Appeal reiterates that a judge must speak the official language of the accused “throughout the proceedings”. It is also the “cornerstone of linguistic guarantees,” insists Judge Robert M. Mainville. Courts that hear criminal trials are required “to be institutionally bilingual,” adds the Court of Appeal.
This decision could revive the debate on the bilingualism of judges, as Chief Justice of the Court of Quebec Lucie Riendeau recently filed a lawsuit against Minister of Justice Simon Jolin-Barrette to quash selection notices. unilingual judges.
“Recurring” registration problems
In the Dhingra case, the Court of Appeal also abuses Judge Longo in relation to the use of simultaneous translation. In theory, Soninder Dhingra should be entitled to his trial in English by virtue of simultaneous translation, a technique permitted, but which should be “avoided” in criminal trials, according to the Court of Appeal, given the “serious disadvantages Of this translation.
In fact, “recurring” recording problems led the interpreter to have to whisper the translations to the accused during the trial. This way of doing things caused “interpretation problems and difficulties in ensuring the transcription”, adds the Court of Appeal.
Thus, Judge Longo made “no serious effort to ensure the availability of the required equipment,” said the Court of Appeal. Informed of “systemic” problems on this subject, the judge then stated, in English, that she could not “guarantee everything”. It is however clear that the judge should have ordered the consecutive interpretation, according to the Court of Appeal.
In addition, several recordings have been lost, wonders the highest court in the province. It took the government nearly two years to find and transcribe the interpretation. Recordings of at least 8 days of audition have even been lost.
“It is of particular concern that the violations against the transcripts in this file appear to be systemic. […] This Court should not and cannot endorse such negligence with regard to the administration of justice in this province ”, asserts the Court of Appeal.
“The DPCP is analyzing the grounds for this decision and, therefore, we will limit our comments to the above for the time being,” commented Me Audrey Roy Cloutier, spokesperson for the DPCP.
The Crown attorneys at the trial were Me Éric Poudrier and Me Dannie Leblanc. She was appointed judge of the Court of Quebec in 2019. Me Véronique Robert represented Mr. Dhingra in the Court of Appeal, while Mr.e Debora de Thomasis defended him at trial.