M. Poland

The applicants were convicted of arson following a trial.

Before sentencing, the trial judge retired and the matter was reassigned to a new judge pursuant to s. 669.2 of the Criminal Code.

The applicants brought a motion for a mistrial, arguing that the failure to provide reasons for the trial judge's inability to complete the case compromised the appearance of justice.

The court dismissed the motion, finding that the appearance of justice does not require disclosure of personal reasons for a judge's retirement or reassignment, and there was no evidence of bias or unfairness.

The accused applied to exclude evidence of a handgun, magazine, and balaclava found in the basement bulkhead of his mother's residence during a police search for his brother, a parole violator.

The police obtained verbal consent from the mother to search the home.

The accused argued his section 8 Charter rights were violated as he had exclusive use of the basement and did not consent.

The court found the mother had the authority to consent to the search of the entire residence, including the common areas of the basement, and the accused had no expectation of privacy in the bulkhead.

The application was dismissed and the evidence was ruled admissible.