← Cases

R. v. Colling

2018 SCC 23 [2018] 1 SCR 692 Court SCC Decision date 2018-05-18 Heard 2018-05-18 Docket 37905 English

PartiesHer Majesty The Queen Respondent

Counsel (2)
Solicitors for the appellant: Ruttan Bates, Calgary.
Solicitor for the respondent: Attorney General of Alberta, Calgary.

Judges Abella, Rosalie Silberman; Moldaver, Michael J.; Gascon, Clément; Brown, Russell; Rowe, Malcolm

Delivered by Abella J. (Moldaver, Gascon, Brown and Rowe JJ. concurring)

On appeal from Alberta

Contents

Reasons for Judgment — Abella J. (Moldaver, Gascon, Brown and Rowe JJ. concurring)

Abella J. — The trial judge’s conduct in intervening in the manner in which he did, by stepping into the shoes of counsel, raises serious concerns and ought not to be repeated. Overall, however, we are not persuaded that a miscarriage of justice has been shown. We are therefore of the view that a new trial is not warranted. The appeal is dismissed.