R. v. Garofalo

Proper judicial conduct is of the utmost importance in maintaining the publics’ confidence in the administration of justice. In this case, it was found by the appeal court that the conduct of the Justice of the Peace who presided over Mr. Garofalo’s speeding trial, including her criticisms of the Redline agent, gave rise to a reasonable apprehension of bias and a new trial was ordered before a different Justice of the Peace. Although the investigating officer failed to conduct the requisite ‘scope alignment test’ on his LTI 2020 laser speed measuring device the Justice of the Peace was satisfied “… subject to the low flying airplanes…” that it was in fact Mr. Garofalo’s vehicle in the laser beam. In accusing the Redline agent of intentionally prolonging the trial in protest of the court’s ruling on a Charter application the Justice of the Peace described the cross examination as exhaustive, redundant and unnecessary. The appeal court held the accusation served to denigrate the good faith and integrity of the defence and set aside the conviction.

Read the actual courtroom transcripts of the trial and appeal