Publication Date
3-31-2025
Document Type
Article
English Abstract
For an accused who is not proficient in an official language, interpreter assistance is critical to ensure a basic level of understanding and participation in the criminal process. Section 14 of the Canadian Charter of Rights and Freedoms constitutionalizes the protection against linguistic prejudice in legal proceedings. The Supreme Court of Canada has given section 14 a generous interpretation in the criminal context, but the availability and quality of courtroom interpretation is often compromised in practice due to a shortage of qualified interpreters and concerns about delays. Outside the courtroom, however, neither the Charter nor any statutory right in Canada independently guards against linguistic prejudice without resort to another procedural right (e.g. arguing that the accused did not understand their right to silence as a result of language barriers). I argue that inadequate interpreter assistance is no less harmful outside the courtroom. It could prevent a meaningful exercise of the rights to silence and to counsel. While it is difficult to directly attribute wrongful convictions to inadequate interpreter assistance, this paper uses the case studies of Gene Gibson and Vicente Benavides to show it contributes to familiar causes of wrongful convictions, including false guilty pleas, tunnel vision in police investigations, and ineffective assistance of counsel. Such linguistic prejudice is exacerbated by the fact that interpretation errors and miscommunications are difficult to discover or remedy once they have occurred. Interpreter assistance should therefore be more widely available in police interviews and consultations with counsel. I also propose that a legal right to interpreter assistance be recognized in these settings. This is consistent with the principles underlying section 14 and the need to protect other procedural rights under the Charter. It broadens the basis of judicial scrutiny and helps reduce linguistic prejudice and the risk of wrongful convictions.
Citation Information
Tengge Xu, Ivy.
"The Case for Expanding the Right to an Interpreter Beyond the Courtroom."
Journal of Law and Social Policy
37.
(2025): 69-92.
DOI: https://doi.org/10.60082/0829-3929.1491
https://digitalcommons.osgoode.yorku.ca/jlsp/vol37/iss1/5
References
1 Canadian Charter of Rights and Freedoms, s 14, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter].
2 [1994] 2 SCR 951 at para 12 [Tran].
3 Ibid at paras 10, 15.
4 Ibid at paras 36, 39.
5 Ibid at paras 37-38.
6 Ontario Court of Justice, Criminal Court Statistics: All Criminal Cases 2021 (Toronto: OCJ, 2021), online: ontariocourts.ca/ocj/stats-crim/ [perma.cc/E74R-2J92].
7 See Statistics Canada, Immigration and Ethnocultural Diversity: Key Results from the 2016 Census (Ottawa: Statistics Canada, 25 October 2017), online: www150.statcan.gc.ca/n1/daily-quotidien/171025/dq171025b-eng.htm?indid=14428-1&indgeo=0 [perma.cc/UB5Z-7KW8].
8 Richard A Leo, "Rethinking the Study of Miscarriages of Justice: Developing a Criminology of Wrongful Conviction" (2005) 21:3 J of Contemporary Crim Justice 201 at 212-14. https://doi.org/10.1177/1043986205277477
9 See e.g. Kent Roach, "The Wrongful Conviction of Indigenous People in Australia and Canada" (2015) 17 Flinders LJ 203 [Roach, "Wrongful Conviction"]; Kent Roach, Wrongfully Convicted: Guilty Pleas, Imagined Crimes, and What Canada Must Do to Safeguard Justice (Toronto: Simon & Schuster, 2023), ch 8 at 153-69 [Roach, Wrongfully Convicted].
10 Greg Stratton & Alyssa Sigamoney, "Why We Don't See Race: How Australia Has Overlooked Race as an Influence on Miscarriages of Justice" (2023) 13:2 Race & Justice 256 at 258. https://doi.org/10.1177/2153368720922294
11 Leo, supra note 8 at 216-17.
12 The Canadian Registry of Wrongful Convictions, "All Case Data" (last visited 11 November 2023), online: wrongfulconvictions.ca/data/all-case-data [perma.cc/CX2W-52KH?type=standard]. The Canadian Registry identifies immigration status and country of birth for a subset of cases where information is available, but these factors as well as race/ethnicity are not good proxies. A Canadian-born accused may only be familiar with an Indigenous language, and a US-born accused may well be fully fluent in English.
13 Evidence-Based Justice Lab, "Case Search-Graph" (last visited 11 November 2023), online: evidencebasedjustice.exeter.ac.uk/miscarriages-of-justice-registry/the-cases/overview-graph/ [perma.cc/J9CKKWWE].
14 The National Registry of Exonerations, "Exonerations by Race/Ethnicity and Crime" (last visited 11 November 2023), online: law.umich.edu/special/exoneration/Pages/ExonerationsRaceByCrime.aspx [perma.cc/4X27-5EJ3].
15 Diana Eades, "Theorising Language in Sociolinguistics and the Law: (How) can Sociolinguistics Have an Impact on Inequality in the Criminal Justice Process?" in Nikolas Coupland, ed, Sociolinguistics (Cambridge: Cambridge University Press, 2016) at 367 [Eades, "Theorising Language"]. https://doi.org/10.1017/CBO9781107449787.018
16 Ibid at 371.
17 Ibid at 373-75. Eades developed this example from Susan Philips, Ideology in the Language of Judges: How Judges Practice Law, Politics and Courtroom Control (New York: Oxford University Press, 1998).
18 Court File No CR-23-00000014-0000. The identifying details of the proceeding are subject to a publication ban under section 486.4 of the Criminal Code. Based on my own observations as a judicial law clerk, if interpretation is required in a criminal trial at the Superior Court, the Crown will usually attempt to make available two interpreters who take turns providing interpretation. This is not necessarily true for other court appearances before the trial. Ideally, interpreters used in court are certified by the Ministry of Attorney General; practical difficulties of this will be discussed later in this article.
19 This point is about how courtroom interpretation works and is distinct from issues related to competency of interpreters. While it is beyond the scope of this article, for a detailed discussion of the institutional challenges in training legal interpreters, see Ludmila Stern & Xin Liu, "See You in Court: How do Australian institutions Train Legal Interpreters?" (2019) 13:4 Interpreter & Translator Trainer 361. Relatedly, education systems are often inadequate in appreciating and teaching Aboriginal English (a term that will be addressed more fully later in this article) (see Lorna Fadden & Jenna LaFrance, "Advancing Aboriginal English" (2010) 32 Can J of Native Education 143. https://doi.org/10.1080/1750399X.2019.1611012
20 Roxana Rycroft, "Hidden Penalties Faced by Non-English Speakers in the UK Criminal Justice System: An Interpreting Perspective" in Anne Wagner & Le Cheng, eds, Exploring Courtroom Discourse: The Language of Power and Control (Surrey: Ashgate, 2011) 209.
21 Susan Berk-Seligson, "Bilingual Court Proceedings: The Role of the Court Interpreter" in Judith N Levi & Anne Graffam Walker, eds, Language in the Judicial Process (New York: Plenum Press, 1990) 155. https://doi.org/10.1007/978-1-4899-3719-3_6
22 Tran, supra note 2 at para 49.
23 Ibid at paras 53-55.
24 Ibid at paras 58-67.
25 Ibid at paras 85-89.
26 203 CCC (3d) 17 at paras 81, 329 [Sidhu].
27 Ibid at para 309, citing David J Heller, "Language Bias in the Criminal Justice System" (1995), 37 CLQ 344 at 373.
28 Ibid at para 366. Section 11(b) sets out the right to trial within a reasonable time. Courts analyze trial delays by identifying whether they are attributable to the Crown.
29 2008 ONCA 354 at para 57 [Rybak]. See also R v Singh, 2010 ONCA 11 at para 32.
30 Rybak, supra note 29 at paras 78, 91-92. https://doi.org/10.2307/2683272
31 Ibid at para 99.
32 2013 ONCJ 560 at para 4.
33 Ibid at para 12.
34 Tran, supra note 2 at paras 77-79.
35 Rybak, supra note 29 at para 91. https://doi.org/10.2307/2683272
36 Ibid at paras 95, 101.
37 Sidhu, supra note 26 at para 356.
38 2015 BCCA 271 at paras 40-44 [Match].
39 Tran, supra note 2 at para 69.
40 Ibid at para 73.
41 Ibid at para 72.
42 Match, supra note 38 at paras 35-36.
43 The purposive approach to Charter interpretation has been well-established since R v Big M Drug Mart Ltd, [1985] 1 SCR 295. See also Quebec (Attorney General) v 9147-0732 Québec Inc, 2020 SCC 32.
44 Tran, supra note 2 at paras 98-103. See also R v Gill, 2017 SKCA 76, where the Court of Appeal affirmed the trial judge's order that a witness's improperly interpreted testimony be redone to avoid declaring a mistrial.
45 See R v Singh, 2007 SCC 48 (on the section 7 right to silence); R v Oickle, 2000 SCC 38 (on the common law confessions rule).
46 See e.g. R v Sinclair, 2010 SCC 35 [Sinclair] https://doi.org/10.1079/9781845937058.0035; R v Lafrance, 2022 SCC 32 [Lafrance].
47 Kent Roach, "Wrongful Convictions in Canada" (2013) 80:4 U Cin L Rev 1645.
48 Eric Shepherd, Anna Mortimer & Reza Mobasheri, "The Police Caution: Comprehension and Perceptions in the General Population" (1995) 4:2 Expert Evidence 60.
49 Susan Berk-Seligson, "Totality of Circumstances and Translating the Miranda Warnings" in Ehrlich, Eades & Ainsworth, eds, Discursive Constructions of Consent in the Legal Process (New York: Oxford University Press, 2016) 241 at 244-47 [Berk-Seligson, "Miranda Warnings"]. https://doi.org/10.1093/acprof:oso/9780199945351.003.0011
50 See Aneta Pavlenko, "'I'm Very Not About the Law Part': Nonnative Speakers of English and the Miranda Warnings" (2008) 42:1 TESOLQ 1. Pavlenko argues that all nonnative English speakers, regardless of proficiency level, should be given a standardized translation of Miranda warnings into their native language. https://doi.org/10.1002/j.1545-7249.2008.tb00205.x
51 Berk-Seligson, "Miranda Warnings," supra note 49 at 257-59.
52 I use the term "Aboriginal" here because it is used to refer to a subgroup of Indigenous Australians distinct from Torres Strait Islander peoples. The term "Indigenous" in the Australian context is less precise and not frequently used in literature that I have encountered. But I will use "Indigenous" when addressing the Canadian context, as the more accepted term.
53 Western Australia v Gibson, [2014] WASC 240 [Gibson (2014)].
54 Ibid at paras 10-12.
55 Someone with level one speaking proficiency can satisfy their own immediate predictable needs using predominantly formulaic language. Someone with level one listening ability can participate in very simple conversations with a sympathetic or experienced member of the public. Such conversations often relate to basic transactional needs or familiar topics (see ibid at para 60).
56 Gibson (2014), supra note 53 at paras 82-84. https://doi.org/10.1111/dial.12093
57 Ibid at paras 111.
58 Ibid at para 148 (citing R v Butler (No 1) (1991), 195 NT 1 (NTSC Austl); Njana v R (1998), 195 WA 3 (WACCA Austl))
59 Gibson (2014), supra note 53 at para 100. According to a defence expert at the pre-trial hearing, such kinship relationship in the Kiwirrkurra Community gave Butler a degree of authority over Gibson (ibid at para 123). https://doi.org/10.4324/9781315845760-3
60 Ibid at paras 87-90.
61 Ibid at paras 105-06.
62 Ibid at paras 103, 106, 107.
63 Ibid at paras 114-15.
64 See ibid at paras 104-15.
65 Diane Eades, "A Case of Communicative Clash: Aboriginal English and the Legal System" in John Peter Gibbons, ed, Language and the Law (Oxfordshire: Routledge, 2014) 234 at 237 [Eades, "Communicative Clash"].
66 Ibid at 240-41.
67 Ibid at 244-45.
68 Royal Commission on the Donald Marshall, Jr., Prosecution, The Mi'kmaq and Criminal Justice in Nova Scotia, vol 3, by Scott Clark (Ottawa: RCDMJP, February 1989) at 47, online: archives.novascotia.ca/marshall/report/ [perma.cc/8DTL-SLJT]. This is not to suggest that feeling intimidated is the only or the dominant reason why Indigenous accused enter wrongful guilty pleas. Other factors may include a disconnect between the justice system and Indigenous communities and the normalization of prison due to the high incarceration rate in these communities. See generally Harold R. Johnson, Peace and Good Order: The Case for Indigenous Justice in Canada (Toronto: McClelland & Stewart, 2019).
69 Ibid.
70 Ibid at 48.
71 Gibson (2014), supra note 53 at para 107. https://doi.org/10.1353/imp.2014.0115
72 Gibson v The State of Western Australia, [2017] WASCA 141 at para 122 [Gibson (2017)]. https://doi.org/10.4324/9781315589145-8
73 Ibid.
74 Ibid at para 106.
75 Ibid at paras 107, 112, 115, 118, 120.
76 Ibid at para 107.
77 See e.g. Sam Poyser & Rebecca Milne, "No Grounds for Complacency and Plenty for Continued Vigilance: Miscarriages of Justice as Drivers for Research on Reforming the Investigative Interviewing Process" (2015) 88:4 Police J 265 (arguing in the UK context that the police interviewing process can be viewed as the "nucleus around which most of the causes of miscarriages of justice cluster" at 266) https://doi.org/10.1177/0032258X15598951; Gisli H Gudjonsson & John Pearse, "Suspect Interviews and False Confessions" (2011) 20:1 Current Directions in Psychological Science 33 (comparing the now discredited Reid technique, in which the interviewer confronts the suspect with questions that impliedly presume guilt, with the more recent PEACE model, which avoids pressure and seeks to inform suspects about the purpose of the interview and develop a shared understanding of the subsequent conversation). https://doi.org/10.1177/0963721410396824
78 Colin Clarke, Rebecca Milne & Ray Bull, "Interviewing Suspects of Crime: The Impact of PEACE Training, Supervision and the Presence of a Legal Advisor" (2011) 8 J Investigative Psychology & Offender Profiling 149 (evaluating the training of police officers in England and Wales on the PEACE model and identifying difficulties in applying PEACE training) https://doi.org/10.1002/jip.144
Hayley J Cullen, Lisanne Adam & Celine van Golde, "Evidence-Based Policing in Australia: An Examination of the Appropriateness and Transparency of Lineup Identification and Investigative Interviewing Practices" (2021) 23:1 Intl J Police Science & Management 85 (evaluating the extent to which the PEACE model has been incorporated into police practice in Australia and pointing out a lack of public transparency of police procedure). https://doi.org/10.1177/14613557211004618
79 Brent Snook et al, "Reforming Investigative Interviewing in Canada" (2010) 52:2 Can J Crim & Crim Justice 215. https://doi.org/10.3138/cjccj.52.2.215
80 Brent Snook et al, "Let 'Em Talk: A Field Study of Police Questioning Practices of Suspects and Accused Persons" (2012) 39:10 Crim Justice & Behavior 1328. https://doi.org/10.1177/0093854812449216
81 See Sinclair, supra note 46.
82 The Criminal Code at section 503 provides that a bail hearing should be held within twenty-four hours if a judge is available, or as soon as possible if not. The length of the interview itself may become a factor considered under the common law confessions rule, but the inquiry is circumstantial; in any event, as the dissenting opinion of Justice Ian Binnie J in Sinclair points out, the "interrogation trilogy" (three cases on the right to silence, the right to counsel, and common law confessions rule) has made it permissible for the police to question a detained person for at least five or six hours without recourse to a lawyer (see ibid at para 98).
83 See Sinclair, supra note 46 at paras 33-42, 53, 55; LaFrance, supra note 46 at paras 74-76. At paras 33-42 of Sinclair, the Supreme Court majority consider the Miranda rights in the US and rejected the argument that the Canadian Charter provides a similar ongoing right to consult counsel throughout an interview.
84 While it is clear from the earlier excerpted portion of Gibson's interview recordings that he did not understand his rights, gratuitous concurrence very much depends on how the interviewing officer phrases their questions.
85 In re Figueroa, 4 Cal (5th) 576 at 581-86 (Cal Sup Ct 2018) [Figueroa]. The prosecution's experts at trial opined that her death resulted from blunt force penetrating the anus and causing injuries to multiple internal organs.
86 Ibid (Corrected Amended Petition for Writ of Habeas Corpus), online: [perma.cc/ZF8M-4VSA] [Benavides Petition].
87 People v Benavides, 35 Cal (4th) 69 at 1104-06 (Cal Sup Ct 2005) [Benavides (2005)].
88 Benavides Petition, supra note 86 at 238.
89 Benavides (2005), supra note 87 at 1108-09.
90 Benavides Petition, supra note 86 at 239, 241. https://doi.org/10.1006/jath.1996.0103
91 Benavides (2005), supra note 87 at 1108.
92 Ibid (Declaration of Haydee Claus, MA, and Transcription and Translation of Interview of Vicente Benavides by Delano Police Detectives Valdéz and Nacua at 11) [Claus Declaration].
93 Figueroa, supra note 85 (Reply, Defence at 229-30) [Benavides, Reply].
94 Benavides Petition, supra note 86 at 240.
95 Roach, Wrongfully Convicted, supra note 9, ch 9 at 171.
96 Benavides Petition, supra note 86 at 239.
97 Claus Declaration, supra note 92 paras 4, 15.
98 Ellen F Prince, "On the Use of Social Conversations as Evidence in a Court of Law" in Judith N Levi & Anne Graffam Walker, eds, Language in the Judicial Process (New York: Plenum Press, 1990) 279 at 281. I recognize that social conversations recorded by the FBI are not directly comparable to police interviews. I only use this study to demonstrate the risk of error in the transcription process generally.
99 Eades, "Theorising Language," supra note 15.
100 Roach, Wrongfully Convicted, supra note 9, ch 3 at 39; Amanda Carling, "A Way to Reduce Indigenous Overrepresentation: Prevent False Guilty Plea Wrongful Convictions" (2017) 64:3-4 Crim LQ 415; Parliamentary Information and Research Service, Wrongful Conviction in Canada, by Robert Mason, Publication No 2020-77-E (Ottawa: Library of Parliament, 23 September 2020), online: lop.parl.ca/staticfiles/PublicWebsite/Home/ResearchPublications/BackgroundPapers/PDF/2020-77-e.pdf [perma.cc/F555-5ZW9].
101 Gibson 2017, supra note 72 at paras 80, 131. Brunello denies having said this.
102 Ibid at para 96.
103 Ibid at paras 87-90.
104 Ibid at para 90.
105 Ibid at paras 91-95.
106 Ibid at para 80.
107 Ibid at para 175.
108 Ibid at paras 65-77.
109 Michele LaVigne & Gregory Van Rybroek, "He Got in My Face so I Shot Him: How Defendants' Language Impairments Impair Attorney-Client Relationships" (2013) 17:1 CUNY L Rev 69 at 88. https://doi.org/10.31641/clr170103
110 Gibson 2017, supra note 72 at para 133. https://doi.org/10.1007/978-3-662-53085-6_20
111 Ibid at paras 96, 132.
112 R v McClure, 2001 SCC 14 at para 35. https://doi.org/10.1016/S0894-1130(01)80027-2
113 R v Willier, 2010 SCC 37 at para 41. https://doi.org/10.1525/aft.2010.37.5.41
114 See R v Hartling, 2020 ONCA 243 at paras 72-74. Ineffective assistance of counsel requires both deficient performance and prejudice. There is a strong presumption that counsel's conduct fell within a wide range of reasonable assistance; hindsight cannot be used to rebut it (R v B (GD), 2000 SCC 22 at para 27).
115 Tran, supra note 2 at para 36.
116 Catherine M Grosso et al, "Latinx Defendants, False Convictions, and the Difficult Road to Exoneration" (2019) 66 UCLA L Rev 1682 at 1697-99.
117 Roach, "Wrongful Conviction," supra note 9 at 211-16.
118 Julie Stubbs & Julia Tolmie, "Battered Women Charged with Homicide: Advancing the Interests of Indigenous Women" (2009) 41:1 Austl & NZ J Crim 138 at 148-50. https://doi.org/10.1375/acri.41.1.138
119 Race, gender, and national origin are all enumerated grounds of discrimination under section 15 of the Charter.
120 Donna Ackermann, "A Matter of Interpretation: How the Language Barrier and the Trend of Criminalizing Illegal Immigration Caused by a Deprivation of Due Process Following the Agriprocessors, Inc. Raids" (2010) 43:3 Colum JL & Soc Probs 363.
121 Ibid at 372.
122 Gibson 2014, supra note 53 at paras 67-72. https://doi.org/10.1353/imp.2014.0115
123 Tran, as the leading case, was decided in 1994 and cited in 413 cases and decisions on WestLaw as of 29 October 2022. R v Stinchcombe, [1991] 3 SCR 326 [Stinchcombe], the seminal case on the Crown's disclosure obligation decided only three years earlier was cited 3026 times. R v Askov, [1990] 2 SCR 1199, from four years earlier and on the issue of trial within a reasonable time (before the major reform to the section 11(b) framework in R v Jordan, 2016 SCC 27) was cited 1942 times.
124 Tran, supra note 2 at paras 102-03. Courts may find interpretation problems to have been "cured" or order a new hearing potentially with a damage award.
125 Criminal Code, RSC 1985, c C-46, ss 686(1)(b)(iii) and (iv).
126 Legal Aid Ontario, "Disbursements Handbook" (December 2022) at 23, online: legalaid.on.ca/wp-content/uploads/disbursements-handbook.pdf [perma.cc/QSR3-RQ2K]. As of December 2022, the first hour of interpretation service is compensated at $39.25 and each subsequent hour $24. This amount of compensation is quite low considering the fact that the minimum wage is $15.50 per hour in Ontario at the end of 2022.
127 Legal Aid BC, "Disbursements Tariff" (1 April 2021) at 8, online: legalaid.bc.ca/sites/default/files/2021-05/DisbursementMay2021.pdf [perma.cc/5JK4-GBD4].
128 Legal Aid BC email, 1 December 2021 [LABC email]. Legal Aid BC relies on contracted lawyers to provide service, and the reimbursement requests are attached to each contract [LABC email].
129 Statistics Canada, Visual Census-Language, British Columbia, Catalogue No 98-315-X2011001 (Ottawa: Statistics Canada, 21 March 2019), online: www12.statcan.gc.ca/census-recensement/2011/dp-pd/vc-rv/index.cfm?Lang=ENG&TOPIC_ID=4&GEOCODE=59 [perma.cc/G5M6-ZUXT].
130 LABC email, supra note 130.
131 Ibid.
132 Costs for interpreters are high. For example, the City of Toronto pays thirty dollars per hour for accredited freelance interpreters with a ninety dollar minimum for each day they are called to court. See City of Toronto, "Court Services interpreters-employment" (last visited 12 September 2024), online: toronto.ca/home/311-toronto-at-your-service/find-service-information/article/?kb=kA06g000001cwEQCAY [perma.cc/Y2VX-LVKH].
133 Stinchcombe, supra note 123 at paras 13-15.
134 Ibid at para 13. The disclosure requirements imposed by Stinchcombe may not have achieved the time-saving effect that the Supreme Court envisioned, and the net reduction or increase in delay as a result of Stinchcombe is beyond the scope of this paper. I only mention this line of reasoning from the Stinchcombe decision to show that preventing future expenses and delays associated with procedural flaws is a countervailing factor when assessing whether front-end expenses on robust procedural protection are desirable.
135 In Canada, the process of exoneration and compensation is fraught with legal and procedural obstacles. Although uncommon, the highest amount of compensation paid to someone wrongfully convicted to date is ten million dollars in the case of David Milgaard. See Kathryn M Campbell, "Exoneration and Compensation for the Wrongly Convicted: Enhancing Procedural Justice?" (2019) 42:3 Man LJ 249. https://doi.org/10.29173/mlj1115
136 Gibson (2014), supra note 53 at paras 81 and 86. https://doi.org/10.1353/imp.2014.0115
137 Gibson (2017), supra note 72 at para 131. https://doi.org/10.4324/9781315147802-9
138 Criminal Investigation Act 2006, 2006/58, ss 10, 137(3)(d), 138(2)(d). https://doi.org/10.1007/s10343-006-0121-3
139 Office of the Commissioner of Official Languages, "Timeline" (last modified 25 June 2024), online: cloocol.gc.ca/en/tools-resources/timeline [perma.cc/7JCG-Y6PD].
140 Tran, supra note 2 at para 66. https://doi.org/10.51877/jiar.v2i1.63
141 Government of Canada, Agreement between the Treasury Board and Canadian Association of Professional Employees (Ottawa: Government of Canada, 30 April 2018), online: tbs-sct.gc.ca/agreements-conventions/viewvisualiser-eng.aspx?id=26#tocxx220648 [perma.cc/TG8J-ZMCX].
