CITATION: R. v. Camardi, 2009 ONCA 43

DATE: 20090116

DOCKET: C48628

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

[1] We grant leave to appeal. The issue raised in this appeal is important to the administration of justice.

[2] This 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.

[3] The 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.

[4] In 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.

[5] In summary, the trial record as a whole supports the conclusion of the summary conviction appeal judge. The appeal is dismissed.