The Respondent mother sought a mistrial in a child protection proceeding after an off-record exchange was inadvertently broadcast in the virtual courtroom, raising concerns about an unknown third party and potential drug transactions.
The mother argued the judge became a compellable witness and the information was prejudicial.
The Society and father opposed, arguing against delay and that the judge could disabuse herself of the information.
The court dismissed the motion, finding the judge was not compellable, the information was not properly before the court, and the judge could disabuse herself of it.
The court emphasized that mistrials are a last resort and that continuing the trial was in the best interests of the child and the administration of justice.
