Nicholas E. Devlin

The appellant was charged with aiding and abetting Russian nationals to enter Canada without proper documentation.

After a 45-day trial, the trial judge declared a mistrial on his own motion, citing a potential apprehension of bias because he had previously written reference letters for the court reporter, whom the self-represented accused had called as a witness.

The Crown successfully applied to quash the mistrial order.

The accused appealed the quashing order.

The Court of Appeal dismissed the appeal, finding no basis for an apprehension of bias and emphasizing that a mistrial should only be granted as a last resort.

The appellant appealed his sentence, challenging the constitutionality of the fine in lieu of forfeiture provisions under s. 462.37 of the Criminal Code.

The trial judge had imposed a fine of $119,700 with five years to pay and a two-year sentence in default.

The Court of Appeal declined to determine the constitutional issue, finding that the in-person appeal lacked the necessary factual foundation to assess whether the fine was grossly disproportionate.

Leave to appeal the sentence was refused.

The appellant appealed her conviction for possession for the purpose of trafficking, arguing the trial judge misapprehended the evidence and the expert's opinion.

The Court of Appeal dismissed the appeal, finding the trial judge properly rejected the appellant's improbable and inconsistent testimony and correctly assessed the factors proving the purpose of trafficking.