An Alberta judge has dropped sex charges against a deaf man due to the absence of an interpreter for his court proceedings
Justice Debra Yungwirth noted that Longclaws, who is illiterate and doesn’t use recognized sign language, couldn’t communicate effectively in court. She emphasized that he has the right to an interpreter under the Charter of Rights and Freedoms, and without one, he couldn’t have a fair trial.
Yungwirth explained that this decision is a serious step, as it halts the prosecution permanently. She mentioned that there were no other options available. Crown prosecutors argued that Longclaws should be assessed for fitness to stand trial, suggesting his communication issues might be a mental disorder. However, the judge found no evidence of any mental illness.
Longclaws’ mother testified that she only discovered he was deaf at age four and had sought help for him, but resources were limited. He could only communicate with basic hand signals and facial expressions. A professor studying deaf experiences in the justice system noted that Longclaws likely suffers from language deprivation syndrome, having not been exposed to standard sign language.
The judge concluded that even with additional tutoring, Longclaws wouldn’t gain the necessary skills to navigate the court system. She acknowledged that this outcome is disappointing for everyone involved, but there were no alternatives to ensure justice.
