R. v. Catcheway

Description

The Appellants are members of the Waterhen Indian First Nation and were charged with willful obstruction and interference with persons in the lawful use of a Provincial road; possession of a weapon for a purpose dangerous to public peace; wearing a disguise with intent to commit an indictable offense; and mischief. The Appellants were convicted in Queen's Bench without representation from council. The Appellants filed an appeal based on bias on the part of the judge. One of the key points at issue is that the Court of Appeal for Manitoba erred in denying an adjournment so the Appellants could bring a motion to admit new evidence to establish bias on the part of the Trial Judge.