R. v. Trunzo (M.) 2012 MBQB 211
Courts - Judges - Disqualification - Bias - Reasonable apprehension of bias
The accused faced a second degree murder charge relative to a 22-day judge and jury trial. The Crown moved for an order that the presiding judge recuse herself from presiding over the trial, based on an alleged reasonable apprehension of bias. The judge’s son was an articling student with the law firm who represented the accused. The son had not participated in the defence of the accused. The only “facts” or “evidence” supporting the recusal motion was based upon the family relationship.
The Manitoba Court of Queen’s Bench dismissed the motion.