J. McCulligh

In a criminal trial involving human trafficking and sex work offences, the trial judge issued a preliminary ruling on jury selection procedures following the Supreme Court of Canada's decision in R. v. Chouhan.

The court held that counsel, rather than the trial judge, would pose the challenge for cause questions to prospective jurors individually, without providing the questions in advance.

The court also permitted offence-based questions regarding the victim's race and occupation as a sex trade worker, and outlined the procedure for exercising the stand-by power under section 633 of the Criminal Code to maintain public confidence in the administration of justice.

The accused was on trial for sexual assault and threatening death.

The complainant testified through a Punjabi interpreter.

During the trial, it became evident that the complainant was capable of testifying in English.

The court noted that the right to an interpreter under s. 14 of the Charter requires a necessity criterion to be met.

Because the use of an interpreter materially interfered with the court's ability to make credibility determinations, and the trial was still in its early stages, the court declared a mistrial so the complainant could testify in English with a stand-by interpreter.