Ex parte communication between the Crown and the judge [Patrick Fox; David Eby]

Dear Mr. Eby:

I had an appearance this morning in the Court of Appeal, in the matters of my 684 applications for court files CA46979 and CA47391.

As soon as the hearing started, before I or the Crown made any statements, Justice Fitch said there were two issues that needed to be addressed. One of those issues was that I had discovered some inconsistent testimony by VPD Detective Kyle Dent at my trial and I wanted to add that as a ground of appeal.

Okay, routine enough, right. Except, here's the thing: the last time I had been before, or communicated with the court in these (or any) matters was on 2021-07-06. I did not discover Dent's inconsistent statements until LATER that day. Then, on 2021-07-07 I mentioned it in a letter to Crown Counsel David Layton, wherein I also mentioned my intention to add that as a ground of appeal. Other than that letter to Layton I've not mentioned it to anyone, anywhere or at any time. And, obviously, there is absolutely nothing about it in any of the court records prior to Justice Fitch bringing it up this morning.

So the only plausible explanation would be that between 2021-07-07 and 2021-07-27 Mr. Layton communicated that information – information which is specific to and relevant to a matter which is currently before the court – to Justice Fitch, the very Justice who is presiding over the matter. And, that information was communicated off the record, outside the courtroom, and without my knowledge or participation.

Now, I could be wrong but I believe even here in Canada there is something about the parties to a case discussing that case with the judge, outside of the courtroom, in the absence of the other party. I'm sure I had read somewhere that that's generally frowned upon – you know, just like it is in every justice system of every country of the world!

Good day, Mr. Eby.