“Breach of that right leads to a denial of natural justice, harms the reputation of the administration of justice, and raises concerns regarding the appearance of impartiality. It is clear that the (justice of the peace) in this case — for reasons not apparent in the transcript — was simply not willing to hear Crown counsel’s submissions on the facts and the law. Judicial officers may accept or reject submissions of counsel, but only after hearing and considering them. We recognize that judicial officers are only human and subject to being frustrated or irritated. However, regardless of a judicial officer’s frame of mind, counsel must be given the opportunity to present their submissions. The JP’s overall conduct in this case prevented the Crown from fulfilling its important role in the bail hearing.”
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