The appellant, a black youth, was acquitted of assaulting a police officer after the Youth Court Judge accepted his testimony over the conflicting testimony of the white arresting officer.
In her oral reasons, the judge remarked that police officers have been known to overreact when dealing with non-white groups.
The Crown appealed, arguing these comments raised a reasonable apprehension of bias.
The Supreme Court of Canada allowed the appeal and restored the acquittal, holding that the judge's comments, viewed in context by a reasonable and informed person aware of the social reality of racism, did not give rise to a reasonable apprehension of bias but rather reflected an appropriate recognition of the social context.
