The appellants, members of an Indian band, were convicted of mischief relating to a highway blockade.
They appealed, seeking to introduce fresh evidence that the trial judge had prior professional dealings with some of the appellants and a co-accused while he was a practising lawyer.
The Crown conceded that this raised a reasonable apprehension of bias.
The Supreme Court of Canada admitted the fresh evidence, allowed the appeal, set aside the convictions, and ordered a new trial before a different judge.
