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Regina v. X.W. and Q.Z. (2011)

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Charges of assault causing bodily harm stayed in the Ontario Court of Justice, Brampton, after defence lawyers Joseph Neuberger were successful in arguing that the clients’ rights under section 11(b) of the Charter were violated as the case took some twelve and half months to be tried. The two clients were originally charged in October of 2009 with an alleged violent assault of a neighbour. The matter came to trial in February of 2011. However, due to the shortage of Mandarin accredited interpreters, the trial which was scheduled for two days could not be completed and new dates had to be selected in order to have an accredited interpreter available for trial. Due to the inability of the Crown to provide a trial in a reasonable time with an appropriate accredited Mandarin interpreter, defence lawyer Joseph Neuberger brought a motion to stay proceedings based upon an unreasonable delay. The judge agreed with the defence motion and accordingly the charges against the two defendants were stayed.

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