Nicole Rodych

The accused appealed a sexual assault conviction, arguing the trial judge's interventions during cross-examination created unfairness and a reasonable apprehension of bias.

The court held that the interventions raised serious concerns and should not be repeated.

However, the court was not persuaded that a miscarriage of justice was established.

It concluded that a new trial was not warranted and dismissed the appeal.

Two accused were convicted at trial of second degree murder in the death of a child and the provincial appellate court substituted first degree murder convictions under the unlawful confinement provision.

The Court confirmed that an appeal as of right after a substituted guilty verdict is limited to legal questions tied to that substituted verdict, while challenges to the affirmed lesser convictions require leave.

It also confirmed the provincial appellate court had jurisdiction over the Crown appeals from acquittals on first degree murder and upheld the substituted first degree murder verdicts.

The Court held that unlawful confinement was established in the parent-child context and that confinement and murder formed part of the same transaction.