COURT OF APPEAL FOR ONTARIO
Doherty, MacPherson and Lang JJ.A.
BETWEEN:
Her Majesty the Queen
Applicant (Appellant)
and
Luigi Camardi
Respondent
Amy Alyea, for the appellant
Mitch Eisen, for the respondent
Heard: January 13, 2009
On appeal from the decision of the summary conviction appeal court dated March 7, 2008 by Justice R. Cary Boswell of the Superior Court of Justice, allowing the appeal against the conviction entered on February 23, 2007, by Justice John-Jo A. Douglas of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1We grant leave to appeal. The issue raised in this appeal is important to the administration of justice.
2This is a Crown appeal from the decision of the summary conviction appeal judge, which allowed an appeal of a conviction for obstructing justice, and ordered a new trial. We dismiss the appeal because we are not persuaded that the summary conviction judge erred.
3The appellant argues that the summary conviction appeal judge erred in law by concluding that a single comment by the trial judge was sufficient to raise a reasonable apprehension of bias. However, the comment, made early in examination in chief, conveyed the trial judge’s clear view that the key witness was committing perjury. The trial judge did not subsequently explain or remedy his comment, despite being given the opportunity to do so.
4In addition, the trial judge summarily dismissed counsel’s attempt to argue that there should be a mistrial without giving counsel any opportunity to make submissions. The trial judge’s response to counsel’s entirely proper motion for a mistrial could only further convey the reasonable apprehension that the trial judge had prejudiced the matter.
5In summary, the trial record as a whole supports the conclusion of the summary conviction appeal judge. The appeal is dismissed.
