ns:r._c._gaudet_1995_canlii_4525_ns_sc
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| ns:r._c._gaudet_1995_canlii_4525_ns_sc [2026/08/08 22:22] – victorzhou | ns:r._c._gaudet_1995_canlii_4525_ns_sc [2026/08/21 22:42] (current) – victorzhou | ||
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| **DECISION: | **DECISION: | ||
| - | **COUNSEL: | + | **COUNSEL: |
| Paul Bychok, for the respondent | Paul Bychok, for the respondent | ||
| Line 42: | Line 42: | ||
| On the other hand, during their closing argument, the defence argued that exhibit P-1, the certificate of analysis, had to be translated into French since that was the trial language. In support of this proposition, | On the other hand, during their closing argument, the defence argued that exhibit P-1, the certificate of analysis, had to be translated into French since that was the trial language. In support of this proposition, | ||
| - | The trial continued on October 28. The found that, in order to be admitted as evidence against Mr. Gaudet, the certificate of analysis had to be translated into French. In doing so, the judge accepted the defence' | + | The trial continued on October 28. The judge found that, in order to be admitted as evidence against Mr. Gaudet, the certificate of analysis had to be translated into French. In doing so, the judge accepted the defence' |
| - | On his own motion and without consulting the prosecution, | + | On his own motion and without consulting the prosecution, |
| The judge accepted that responsibility for failing to allow the reading and translation of the certificate of analysis by the interpreter during the June 24 trial. Officer Richardson was not present on October 28 during the reading and translation of the certificate. The defence therefore did not cross-examine the witness. However, the judge invited the defence to present evidence, make argument and provide comments on the procedure that was followed to correct the June 24 error. The defence did not make any requests or provide any comments. | The judge accepted that responsibility for failing to allow the reading and translation of the certificate of analysis by the interpreter during the June 24 trial. Officer Richardson was not present on October 28 during the reading and translation of the certificate. The defence therefore did not cross-examine the witness. However, the judge invited the defence to present evidence, make argument and provide comments on the procedure that was followed to correct the June 24 error. The defence did not make any requests or provide any comments. | ||
ns/r._c._gaudet_1995_canlii_4525_ns_sc.1786227754.txt.gz · Last modified: by victorzhou
