R. v. Kellett, (1980) 3 Man.R.(2d) 197 (CA)

• Judge: Freedman, C.J.M., Monnin and Hall, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: January 14, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 3 Man.R.(2d) 197 (CA)

R. v. Kellett (1980), 3 Man.R.(2d) 197 (CA)

MLB headnote and full text

R. v. Kellett

Indexed As: R. v. Kellett

Manitoba Court of Appeal

Freedman, C.J.M., Monnin and Hall, JJ.A.

January 14, 1980.

Summary:

This case arose out of an application by an accused to set aside a preliminary inquiry because of reasonable apprehension of bias on the part of the accused.

The Manitoba Court of Queen's Bench dismissed the application. The accused appealed to the Manitoba Court of Appeal.

The Manitoba Court of Appeal dismissed the appeal.

An application for leave to appeal to the Supreme Court of Canada was dismissed by the Supreme Court of Canada on May 5, 1980 - see Bulletin of Proceedings taken in the Supreme Court of Canada dated May 9, 1980 at p. 6.

Courts - Topic 686

Judges - Disqualification - Bias by a trial judge - Prior to the opening of a preliminary inquiry, a judge questioned the accused as to why he arrived late - During the discussion the judge said to the accused, "You're a liar" - The judge then sat on the preliminary inquiry - The Manitoba Court of Appeal affirmed the dismissal of an application by the accused to set aside the preliminary inquiry on the ground that there was reasonable apprehension of bias on the part of the accused.

Counsel:

R.E. Wyant, for the accused/appellant;

G.J. Dangerfield, Q.C. and S.J. Whitley, for the respondent.

This appeal was heard by FREEDMAN, C.J.M., MONNIN and HALL, JJ.A., of the Manitoba Court of Appeal.

The judgment of the Court of Appeal was delivered by FREEDMAN, C.J.M., on January 14, 1980.