Ruling
At the trial level, Judge Corrine Sparks acquitted the youth, for the reason that the only evidence was the testimony of the officer and the youth, and both had reasonable credibility. In the end of her judgement, she added,
"I believe that probably the situation in this particular case is the case of a young police officer who overreacted. And I do accept the evidence of Mr. S. that he was told to shut up or he would be under arrest. That seems to be in keeping with the prevalent attitude of the day."
The last phrase became the focus of all the appeals to follow. Judgements needs to be based solely on the evidence while the phrase suggests some preconceived notions.
It was determined at the trial and appeal level that there was an "apprehension of bias" on the part of Sparks.
However, the Supreme Court of Canada allowed the appeal and restored Sparks' acquittal of RDS. The Court noted that
A judge who happens to be black is no more likely to be biased in dealing with black litigants, than a white judge is likely to be biased in favour of white litigants. All judges of every race, colour, religion, or national background are entitled to the same presumption of judicial integrity and the same high threshold for a finding of bias. (para. 115)
A high standard must be met before a finding of reasonable apprehension of bias can be made. Troubling as Judge Sparks’ remarks may be, the Crown has not satisfied its onus to provide the cogent evidence needed to impugn the impartiality of Judge Sparks. Although her comments, viewed in isolation, were unfortunate and unnecessary, a reasonable, informed person, aware of all the circumstances, would not conclude that they gave rise to a reasonable apprehension of bias. (para. 158)
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