SASKATCHEWAN COALITION AGAINST RACISM
FOR IMMEDIATE RELEASE
October 20, 2015
SCAR CALLING FOR JUDGE’S RECUSAL
The Saskatchewan Coalition Against Racism (SCAR) is calling for Judge Mills recusal in the case of R v. Moise in Queen’s Bench Court in Regina. Judge Mills original decision on September 21, 2012, in which he designated Moise as a dangerous offender, was overturned by the Saskatchewan Court of Appeal in April 2015. Mr. Moise appeal was based on three separate grounds where it was argued that Judge Mills had erred. The Court of appeal concluded that the judge erred “by failing to consider the principles espoused by the Supreme Court of Canada in ‘Gladue and R v. Ipeelee’ as mandated by s. 718 2(e) of the Criminal Code.” In light of that fatal error, the Appeal Court stated that “it is not necessary to address Mr. Moise’s other grounds of appeal.” The Court of appeal makes it clear in its decision that a “new hearing must be ordered.”
In a decision that SCAR finds preposterous, the Chief Justice for Saskatchewan has apparently directed Judge Mills, who it was found had erred in this case, to again hear the new hearing. Naturally, Moise lawyer Marianna Jasper is making application to have Judge Mills recused from the case and she has asked that the Chief Justice be involved in the recusal hearing on November 5, 2015.
SCAR finds this situation to be contrary to all reason and has written to the Minister of Justice Gordon Wyant to ask for the Minister’s intervention. “We ask that, in the name of justice, or even the perception of justice, that this case not be allowed to proceed in such an unbelievably unfair manner,” stated Bob Hughes, SCAR advocate.
Saskatchewan Coalition Against Racism
POB 33022, Cathedral PO Regina, Sk. S4T 7X2