An Alberta Court of Appeal panel has upheld a controversial decision by Court of King's Bench Justice Debra Yungwirth that permanently stayed criminal proceedings against a deaf Alberta man accused of sexually assaulting three complainants, some of whom were children, because he has never learned a functional language and cannot meaningfully participate in the justice system.

The decision means Kendall Longclaws cannot be prosecuted on eight charges of sexual assault and sexual interference arising from allegations spanning 2012 to 2021. It also means he cannot be ordered to undergo a psychiatric fitness assessment that could have resulted in detention in a secure psychiatric facility if found unfit to stand trial.

Justice Yungwirth originally stayed the charges in 2025, concluding there was no constitutionally valid way to proceed. She found that because Longclaws has no functional language, his Charter right to an interpreter could not be fulfilled, making a fair trial impossible.

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The Crown argued that Longclaws should at least undergo a fitness assessment to determine whether he was mentally fit to stand trial. If found unfit, Canada's Criminal Code provides a mechanism for provincial review boards to supervise or detain accused persons who pose an ongoing risk to the public.

Justice Yungwirth rejected that argument, ruling that compelling such an assessment would itself violate Longclaws' Charter rights because his inability to communicate made any meaningful evaluation impossible.

"There is clear prejudice to the integrity of the justice system that will be manifested, perpetuated and aggravated by continuing with the criminal proceedings," Justice Yungwirth wrote in her decision.

She acknowledged that the complainants would never have their allegations heard in court, writing that although the outcome was "unsatisfactory to all involved," there was "simply no other remedy available."

The Alberta Court of Appeal has now agreed.

The Crown argued on appeal that Longclaws may suffer from "language deprivation syndrome," a condition associated with profound developmental deficits caused by growing up without exposure to language, and that this should permit a psychiatric assessment. The appeal court concluded there was insufficient evidence to establish that the condition constituted a mental disorder within the meaning of the Criminal Code.

As a result, the stay of proceedings remains in place.

According to publicly available court information, Longclaws is deaf, lives with his parents on a rural property, cannot read, cannot understand a calendar or telephone, and communicates only through a handful of gestures, grunts and a few isolated words. The allegations involve three complainants and span nearly a decade.

The Court of Appeal's ruling leaves the criminal charges permanently stayed while also foreclosing the Criminal Code's fitness-to-stand-trial process, meaning there is currently no criminal mechanism to either prosecute or supervise Longclaws.

The Crown's remaining legal option is to seek leave to appeal to the Supreme Court of Canada.

The appeal decision was heard by a three-judge panel that included Justice Alice Woolley, Justice Kevin Feehan, and Justice Jo'Anne Strekaf, which unanimously upheld Justice Yungwirth's ruling.

If the Supreme Court declines to hear the case, or ultimately agrees with Alberta's courts, the decision could become one of the most consequential Canadian precedents dealing with accused persons whose profound communication barriers make criminal proceedings impossible.