The appellants, two managerial staff members at a coal mine where an explosion killed 26 miners, were charged with manslaughter.
During the trial, the trial judge made a private phone call to a senior member of the Attorney General's staff, requesting the removal of the lead Crown counsel and threatening to take steps to secure that end.
The trial judge subsequently denied the Crown's motion for recusal and later ordered a stay of proceedings due to the Crown's failure to disclose relevant evidence.
The Court of Appeal set aside the stay and ordered a new trial, finding a reasonable apprehension of bias.
The Supreme Court of Canada dismissed the appeal, holding that the trial judge's conduct created a reasonable apprehension of bias, which retroactively rendered his order staying the proceedings void.
A new trial was ordered, with costs awarded to the appellants due to the systemic problems and the trial judge's conduct.
