The Crown appealed a summary conviction appeal judge's decision that allowed an appeal from a conviction for obstructing justice and ordered a new trial.
The summary conviction appeal judge found that a comment made by the trial judge early in the examination-in-chief, suggesting a key witness was committing perjury, raised a reasonable apprehension of bias.
The Court of Appeal dismissed the Crown's appeal, agreeing that the trial judge's comment, combined with the summary dismissal of a mistrial motion without hearing submissions, supported a reasonable apprehension of bias.
