The appellant was charged with aiding and abetting Russian nationals to enter Canada without proper documentation.
After a 45-day trial, the trial judge declared a mistrial on his own motion, citing a potential apprehension of bias because he had previously written reference letters for the court reporter, whom the self-represented accused had called as a witness.
The Crown successfully applied to quash the mistrial order.
The accused appealed the quashing order.
The Court of Appeal dismissed the appeal, finding no basis for an apprehension of bias and emphasizing that a mistrial should only be granted as a last resort.