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

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.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Disability claims involving toxic workplace allegations surge with return to office: injury lawyer

Finalizing divorce should not bar subsequent civil claim for sexual assault: lawyer Kevin McLaren

Cecile Applegate appointed as regional senior justice to the Ontario Court of Justice

Ontario Superior Court overturns arbitrator’s award in homebuyers’ contract dispute

Ontario Superior Court adjourns motion to add insurer as defendant in personal injury case

What to do if you’re a passenger in a car accident in Ontario

Most Read Articles

Recent Canadaland-WE Charity ruling example of anti-SLAPP 'misuse' says lawyer

Convocation: benchers approve research funding to underpin renewed equity agenda

Ontario Superior Court rejects plaintiff's bid for a simplified procedure in a car collision case

Ontario Superior Court enforces arbitral award despite improper notice claim