DATE: 20040108

DOCKET: C38359

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – LOUIS PRATES (Appellant)

BEFORE:

DOHERTY, MACPHERSON and SIMMONS JJ.A.

COUNSEL:

Gregory Lafontaine for the appellant

Jamie Klukach for the respondent

HEARD:

January 7, 2004

On appeal from the convictions of Justice B. E. Payne of the Ontario Court of Justice dated May 17, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant argues that the exchanges between the court and counsel during closing arguments reveal a reasonable apprehension of bias. Counsel says it could be reasonably concluded that the judge had decided that the appellant was guilty.

[2] We disagree. Counsel carries the burden of demonstrating a reasonable apprehension of bias. Some of the trial judge’s comments were discourteous, others were unnecessary. They did not however suggest bias but rather an appreciation of the formidable evidence against the appellant.

[3] The reasons for judgment do not support the claim that the trial judge misused the “licence plate” evidence. The appeal is dismissed.