Court of Appeal for Ontario

Date: 2017-01-20 Docket: C61283

Judges: Doherty, Blair and Lauwers JJ.A.

Between

Her Majesty the Queen Respondent

and

Mirramin Kamali-Mafroujaki Appellant

Counsel

Mark C. Halfyard, for the appellant

Peter Fraser, for the respondent

Heard: January 18, 2017

Background

The appellant seeks leave against the dismissal of his Summary Conviction Appeal by Justice Ferguson of the Superior Court of Justice, dated October 16, 2015, from the conviction and sentence of Justice Armstrong of the Ontario Court of Justice, dated July 4, 2013 and September 9, 2013.

Appeal Book Endorsement

[1] The parameters of the constitutional right to an interpreter are not in issue here.

[2] The quality or accuracy of the interpretation of the appellant's evidence is not in issue here.

[3] The appellant submits that the trial judge was obligated in law to demonstrate an appreciation of the potential impact of the use of an interpreter on the court's ability to fairly and accurately assess credibility.

[4] We accept that the trial judge is obliged to bear in mind the effect of testifying through an interpreter on the ability to assess credibility and reliability.

[5] We do not, however, accept that any specific formulation is necessary. It depends on the circumstances of each case.

[6] In this case, there is nothing in the trial record to offer any support for the submission that the trial judge failed to take the appellant's use of an interpreter into account when assessing his evidence.

[7] We accept that one comment of the Summary Conviction Appeal Court might be construed as a misinterpretation of the right to an interpreter. The comment, however, had no impact on the result.

[8] Leave to appeal is refused.