Law Times

PAGE 6 u EDITORIAL OBITER By Glenn Kauth Let's train court interpreters W COMMENT May 7, 2012 • Law TiMes ith unclear guidelines and a shortage of qualified people, On- tario' ter in which Ontario Court Justice Gregory Campbell had to rule on wheth- er a conditionally accredited interpreter could participate in a preliminary hearing against Eric Blair to determine whether the accused should go to trial on charges of robbery, assault with a weapon, and breach of probation. The case involved interpretation of two complainant witnesses by a con- with language interpreters. That was certainly the case last month in R. v. Blair, a mat- s courts are muddling along when it comes to dealing ditionally accredited interpreter, Edward Liu. Aſter learning of his condi- tional status, the court moved into a voir dire to assess whether he should continue. The Crown said he should, while the defence argued otherwise. There were a few interesting issues the court had to deal with in deciding whether to allow Liu to continue. First, there was the fact that the province has only five fully accredited interpreters for Mandarin. Second, evidence during the voir dire revealed the Ministry of the Attorney General' on the issue. It allows those with conditional status to provide services for simpler matters such as bail hearings and guilty pleas that are shorter, don't involve difficult vocabulary, are more informal, and allow the interpreter to control the pace. "It is noteworthy that neither trials nor preliminary hear- ings are listed" as matters deemed suitable for conditionally accredited inter- preters, Campbell noted. Campbell went on, however, to approve Liu' s policy nary hearing. Among the factors that led him to that decision was Camp- bell' s participation in the prelimi- terpreting for two witnesses rather than the accused and that there would be opportunities to seek clarification of what people were saying. At the same time, he noted Liu had recently provided interpretation during trials. In issuing his decision, Campbell went against other rulings that deter- s "quite satisfactory" English. In addition, he noted that Liu would be in- mined either that the court couldn't move into a voir dire to ascertain a condi- tionally accredited interpreter' objective standards developed by the ministry. "The fact that the Ministry of the Attorney General has developed a uniform standard for court interpret- ers has not changed the role of the court to satisfy itself that an individual being proffered as having a particular expertise necessary to assist the court is suitably qualified to do so, s qualifications or that it couldn't overrule the " wrote Campbell. MINORITIES ON THE BENCH Recently, The Globe and Mail featured articles and an edi- torial complaining about the fact that a disproportionate number of federal judicial appointments were white and that minority groups in Canada were not fairly represented. When I was called to the bar in 1960, there were per- vious difficulties the courts find themselves in as the province faces a shortage of fully accredited interpret- ers. But going down that path doesn't negate the broader problems with the system as it stands. The biggest issue, of course, is the lack of fully qualified people to do the work in the first place. At the same time, it' That's a reasonable approach to take given the ob- have the court assess the ability to interpret on the basis of someone' that someone speaks English well, that's not proof of the s "quite satisfactory" English. While it's great ability to interpret accurately from another language. With many languages, in fact, the testing required by the ministry for accreditation doesn't involve bilingual assessments but instead looks at English proficiency. That' have also revealed that the court isn't always able to fully assess someone' position when it comes to court interpreters. On the one hand, it wants to hold interpreters to high standards for Of course, the province has long been in a difficult u Letters TO THE EDITOR haps two or three federally appointed Jewish judges. Over the years, that number changed to the point where at one time there were more Jewish judges in the Ontario Court of Appeal than non-Jews. That, in my opinion, was not because of a clamour for the appointment of more Jewish judges but rather a recognition that those appointed were the best legal minds available. The same is true with the increase in the number of female appointees. Again, not because of their sex but because of their ability. The same will hold true with candidates of colour or from other minorities and once their credentials are vet- ted and it is determined that they are the best available, those appointments will be given. In my opinion, to do Law Times LT Masthead.indd 1 ABSURD TRADITIONS HAVE THEIR PLACE Canadians enjoy their reputation for civility. One el- ement of any proper notion of civility is the degree to which it embraces difference. While in some respects, I suppose, oddities and throwbacks in nomenclature might be regarded as absurd, absurdity is part of the hu- man experience and therefore surely deserves a place in any concept of civility. One would be hard-pressed to argue against that proposition when the absurdity in question is innocent and adds a little colour, poetry, and flair to the landscape. The Law Society of Upper Canada' otherwise would pervert the judicial system in the inter- est of some perceived political correctness. Bert Raphael Raphael Barristers Thornhill, Ont. It is a poetic, organic name that's pioneering in spirit and full of confidence and hope. Its antiquity gives it a rich patina and s name does just that. Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON • M1T 3V4 Tel: 416-298-5141 • Fax: 416-649-7870 • www.lawtimesnews.com Group Publisher ................... Karen Lorimer Editorial Director ................... Gail J. Cohen Editor .............................. Glenn Kauth Staff Writer ....................... Kendyl Sebesta Staff Writer ................... Michael McKiernan Copy Editor ..................... Katia Caporiccio CaseLaw Editor .................. Adela Rodriguez Art Director .......................Alicia Adamson Account Co-ordinator ............... Catherine Giles Electronic Production Specialist ........Derek Welford Advertising Sales ............... Kimberlee Pascoe Sales Co-ordinator ................... Sandy Shutt ©2012 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without writ- ten permission. The opinions expressed in articles are not necessarily those of the pub- lisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any war- ranty as to the accuracy, completeness or cur- rency of the contents of this publication and disclaims all liability in respect of the results of s not ideal to full accreditation. But at the same time, it needs to ensure there are people to do the job. In addition, the compen- sation they receive is an issue as interpreters have long complained that the daily rate is inadequate. Boosting the pay may attract more people to the job, but that's expensive and doesn't necessarily resolve the accreditation issue. One thing that might help that probably wouldn't cost that much is training. If we want people to get full accreditation, let' the test preparation classes and sessions on court regula- tions that the ministry currently offers. While the justice system relies on people who work on a freelance basis, sometimes it's necessary to invest in s train them beyond one can interpret to the level of accuracy necessary in court. It' s an obvious gap when it comes to being sure some- s an issue that has come up in other cases that s abilities. training them in order to ensure an adequate supply of interpreters to do the job. Leaving it up to the interpret- ers to reach the standard by themselves isn't working. It' also leaving judges in the difficult position of having to assess qualifications without all of the necessary infor- mation and the full ability to do so. More training, then, would help increase the supply of fully accredited inter- preters and lighten the courts' burden. s — Glenn Kauth a noble colour. It rises from the lips with a hint of insouci- ance. It is redolent of a certain old-world aplomb. It hints at a disdain for the trivialities that animate mere marketers, politicians, and policy wonks. The name Law Society of Up- per Canada unselfconsciously captures what the LSUC itself represents: dignity, discipline, continuity, and confidence. Some say the Law Society of Upper Canada ought to reflect the name of our jurisdiction. Well, it does so histori- cally, in fact. It matters not that the name of our jurisdiction has changed repeatedly in the meantime. Consistency of nomenclature is no virtue except, perhaps, for the dull and the bureaucratic. Engineered nomenclature, like the strict, mindless application of the rules of phonics to traditional pronunciation, saps the life out of things, especially a culture. The Law Society of Upper Canada' confusion. If there is confusion, let those who are confused be embarrassed by their ignorance and learn. The name gives no offence. If it does, let those who are of- s name gives rise to no fended learn to know the difference. Let our name remain as it is. Donald Campbell Ottawa Law Times is printed on newsprint containing 25-30 per cent post- consumer recycled materials. Please recycle this newspaper. any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement Number 40762529 • ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd., 2075 Kennedy Rd., Toronto, ON, M1T 3V4 • 416-298-5141 clb.lteditor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $175.00 + HST per year in Canada (HST Reg. #R121351134) and $265.00 for foreign addresses. Single copies are $4.00 Circulation www.lawtimesnews.com 2/7/12 3:32 PM inquiries, postal returns and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corpo- rate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. 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