Case summary

Mr. Walker was convicted of second degree murder in connection with the shooting death of James Hayward.

The Court of Appeal has allowed Mr. Walker’s appeal, set aside his conviction and ordered a new trial.

The Court of Appeal’s decision is grounded in a private meeting the trial judge convened with counsel during the course of the trial. At the meeting, she indicated her opinion of the case and inquired whether plea bargaining was being pursued. Mr. Walker was not included in the meeting. The meeting was not recorded or referred to in open court.

Section 650 of the Criminal Code says an accused person must be present for the whole of his or her trial. This requirement serves two purposes. First, it ensures the accused person knows the case being advanced against him or her and has a fair opportunity to respond to it. Second, it ensures the accused person perceives the proceedings to be fair and just.

The private meeting convened by the trial judge violated s. 650 of the Criminal Code. The Court of Appeal said the criminal justice system cannot be perceived as being fair and impartial if judges are allowed to convene private, unrecorded meetings in mid-trial for the purpose of expressing their views about the substance of the proceedings and making inquiries about plea bargaining.