A Canadian court has stayed proceedings against Kendal Longclaws, a 34-year-old deaf man accused of eight sexual offenses, ruling that prosecuting him would violate his charter rights due to his inability to communicate.
Longclaws, who grew up on an isolated farm and was never taught to communicate, faces allegations stemming from three complaints in 2021, with some alleged victims being children. Two other alleged attacks occurred between 2012 and 2016. He was reportedly unaware of the charges against him.
King's Bench Justice Debra Yungwirth halted the trial, stating that the case could not be legally handled. The court determined that providing Longclaws with an interpreter would be impossible as he does not understand English and speaks no discernible language. Furthermore, forcing him to undergo a mental fitness assessment, which would be required to determine his ability to stand trial, would also breach his right to liberty, as such an assessment would be impossible to conduct given his cognitive state.
Justice Yungwirth noted that there appeared to be no evidence of a mental disorder and that continuing the proceedings would prejudice the integrity of the justice system. "There is clear prejudice of integrity of the justice system that will be manifested, perpetuated and aggravated by the continuing with criminal proceedings against Mr Longclaws," she wrote. "While the result is unsatisfactory to all involved, there is simply no other remedy available."
The Alberta Court of Appeal upheld this decision on Tuesday. The Crown had argued that "language deprivation syndrome" should qualify Longclaws for a mental health assessment, but the court found a lack of evidence to support this. The Crown also emphasized the public interest in proceeding to trial, particularly in cases involving sexual violence against children.
Unless the Supreme Court of Canada overturns the decision, Longclaws will remain free from the allegations.