J. Steven Koval

The Crown appealed a decision of the Alberta Court of Appeal that had ordered a new trial for the accused on charges of inciting hatred.

The Supreme Court of Canada allowed the appeal, agreeing with the dissenting reasons in the Court of Appeal regarding the trial judge's handling of jury requests.

The Court also reaffirmed its previous ruling that the reverse onus in s. 319(3)(a) of the Criminal Code, while infringing s. 11(d) of the Charter, is justified under s. 1.

The conviction was restored and the matter remitted for sentencing.

The appellant lawyer was convicted of contempt of court by a Provincial Court judge for conduct that occurred before a different judge.

The Supreme Court of Canada allowed the appeal and quashed the conviction, holding that a Provincial Court judge has no jurisdiction to entertain a proceeding for contempt committed before another judge.