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Nov 03

When Justice Sleeps


A Toronto judge fell asleep in the middle of a criminal trial but woke up when a defence lawyer dropped a 2,136-page copy of the Criminal Code on the desk in front of him, a court was told yesterday. …

Unsure it was really happening, Schofield said she turned to check with her assistant, Cyndi Burns, who “agreed that it appeared His Honour had fallen asleep.”

Crown Attorney Jennifer Strasberg confirmed it as well, said Schofield, who, along with her colleague, came up with a plan.

“We decided that I would drop a copy of Tremeear’s Criminal Code … in order to wake His Honour,” she said in her affidavit. “I dropped the Code and His Honour was visibly stirred from his slumber.”

Not wanting to make an issue of it in front of the judge, Schofield said she and Strasberg carried on as if nothing had happened.

“I was not sure of what to do,” she said.

The judge’s conviction was overturned on appeal. Read article.