Ontario Criminal


Administrative Law

BIAS
No juristic reason that judge hearing trial should disqualify herself from hearing bail application

Accused sought mistrial based on alleged bias of judge after he was denied bail in middle of trial where accused was charged with sexual interference. Judge issued bench warrant against accused after he absconded during middle of trial when Crown discovered accused had contacted mother of complainants by email contrary to his bail condition. Application dismissed. Accused’s emails to mother of complainants were clearly relevant to only bail application. Neither evidence tendered at bail hearing in regard to emails, nor any comments judge made about them in context of decision to deny bail, could play any role whatsoever at trial proper. Any judge of Superior Court could hear bail application with timeframe limited to any time before trial of charge. There was no juristic reason that judge hearing trial should disqualify herself from hearing application, during trial, regarding release or detention of accused.

R. v. Mailman

(Sep. 17, 2012, Ont. S.C.J., Aitken J., File No. 09-6668) 103 W.C.B. (2d) 911.

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