Court of Appeal for Ontario
Date: 2017-03-06 Docket: C62122 Judges: MacFarland, Pardu and Trotter JJ.A.
Between
Her Majesty the Queen Respondent
and
Berhane Embaye Zerat Applicant
Counsel
Berhane Embaye Zerat, acting in person
Hannah Freeman, for the respondent
Heard
March 3, 2017
Appeal Information
On appeal from the order of Justice R. Smith of the Superior Court of Justice, dated April 20, 2016, dismissing an appeal from the conviction entered on August 13, 2015 by Justice M. Hoffman of the Ontario Court of Justice.
Endorsement
[1] After a trial before Justice M. Hoffman of the Ontario Court of Justice, Mr. Zerat was found guilty of mischief to property under $5,000.
[2] Using a sledgehammer, Mr. Zerat smashed 4 windows of the CBC building in Ottawa. At the outset of trial, Mr. Zerat brought a Charter application to stay proceedings, based on perceived historical abuses by government officials, post-secondary institutions and other individuals. The application was dismissed.
[3] Mr. Zerat testified on the trial proper. He explained that he smashed the windows to draw attention to the same grievances that he pursued on his Charter application. Mr. Zerat was found guilty. The trial judge imposed a suspended sentence and a year of probation.
[4] Mr. Zerat appealed his conviction, alleging bias on the part of the trial judge. The Summary Conviction Appeal Judge (SCAJ) dismissed his appeal.
[5] Mr. Zerat seeks leave to appeal to this Court. He alleges that the trial judge and the SCAJ were biased against him.
[6] Upon a review of the record at trial and before the SCAJ, we can find no indication of bias, or indeed any foundation to support a claim of reasonable apprehension of bias. The trial was conducted in a fair and even-handed manner. The trial judge did not err in dismissing Mr. Zerat's Charter application. The elements of the offence were established on the evidence at trial. Moreover, the SCAJ treated Mr. Zerat with absolute fairness and compassion and made no error in dismissing his appeal.
[7] Leave to appeal is refused.
J. MacFarland J.A.
G. Pardu J.A.
G.T. Trotter J.A.