- DATE:20020412 DOCKET: C35442
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) -and-FRANK R. A. TURNER, P. Eng. (Appellant)
BEFORE:
CHARRON, MOLDAVER and ARMSTRONG JJ.A.
COUNSEL:
Frank Turner
In person
Karey Katzsch
For the respondent
HEARD:
April 10, 2002
RELEASED ORALLY:
April 10, 2002
On appeal from the judgment of Justice A. V. Couto dated October 17, 2000, dismissing the appeal from conviction by Justice of the Peace M. Biss on July 28, 2000.
E N D O R S E M E N T
[1] Leave to appeal was granted in this case due to a concern that the judge on appeal, Justice A. V. Couto of the Ontario Court (Provincial Division), may have exhibited bias towards the appellant during the hearing of the appeal.
[2] We have carefully reviewed the record of the appeal proceeding and while we are not persuaded that Justice Couto’s conduct reached the level of actual or apparent bias, several of his remarks to the appellant were rude, intemperate and uncalled for. We can well understand, in the circumstances, how the appellant would have felt embarrassed and intimidated to some degree by Judge Couto’s inappropriate remarks. Nonetheless, to his credit, the appellant made submissions in support of his position, and it is apparent from the record that Justice Couto received those submissions. In the end, however, he rejected the appellant’s arguments and gave adequate reasons for concluding that there was no basis, in fact or law, for interfering with the decision at trial.
[3] Having heard full argument on the merits and reviewed the record in its entirety, including the reasons of the Justice of the Peace, we too are of the view that there is no basis for interfering with the disposition at trial. This was a straightforward case and in the end, the Justice of the Peace accepted the police officer’s testimony, as he was entitled to, on the basis of the evidence before him.
[4] Accordingly, there is no basis upon which we can interfere. The appeal is therefore dismissed.
Signed: “Louise Charron J.A.”
_____ “M.J. Moldaver J.A.”
_____ “Robert P. Armstrong J.A.”